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HUSON v. RHAY

No. 25245.

446 F.2d 861 (1971)

Robert E. HUSON, Plaintiff-Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 11, 1971.

Attorney(s) appearing for the Case

Robert E. Huson, in pro. per.

Slade Gordon, Atty. Gen., Paul J. Murphy, David W. Schiffrin, Asst. Attys. Gen., Olympia, Wash., for defendant-appellee.

Before HAMLEY, DUNIWAY and HUFSTEDLER, Circuit Judges.

DUNIWAY, Circuit Judge:

A jury, sitting in the Superior Court of King County, Washington, found Huson guilty of murder in the first degree. It did not, however, fix the penalty at death, as the prosecutor demanded. On Huson's appeal to the Supreme Court of Washington, his conviction was affirmed. State v. Huson, 1968, 73 Wn.2d 660, 440 P.2d 192. We do not repeat here the facts of the case; they...

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