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MONTAGUE v. CONTE

No. 269-3.

3 Wn. App. 687 (1970)

477 P.2d 21

In the Matter of the Application for a Writ of Habeas Corpus of ROBERT MONTAGUE, Petitioner, v. WILLIAM R. CONTE, Respondent.

The Court of Appeals of Washington, Division Three.

November 25, 1970.

Attorney(s) appearing for the Case

Robert Montague, pro se.

Slade Gorton, Attorney General, and Paul J. Murphy, Assistant, for respondent.

PER CURIAM:

Robert Montague, convicted on a charge of unlawful possession of a narcotic drug, seeks to challenge the legality of an instruction by writ of habeas corpus.

[1] The purpose of a writ of habeas corpus is to inquire into the legality of petitioner's restraint and to determine whether his constitutional right to due process in law have been violated. Pettit v. Rhay, 62 Wn.2d 515, 518,

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