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MIESBAUER v. RHAY

No. 41884.

79 Wn.2d 505 (1971)

487 P.2d 1046

In the Matter of the Application for a Writ of Habeas Corpus of FRANK MIESBAUER, Respondent, v. B.J. RHAY, as Superintendent of the State Penitentiary, Petitioner.

The Supreme Court of Washington, En Banc.

August 12, 1971.

Attorney(s) appearing for the Case

Slade Gorton, Attorney General, and William L. Britton, Assistant, for petitioner.

Albert J. Golden (of Golden & Archer), for respondent (appointed counsel for appeal).

ROSELLINI, J.

The warden of the state penitentiary at Walla Walla has petitioned this court for a writ of certiorari to review an order of the Superior Court for Walla Walla County granting the respondent's petition for a writ of habeas corpus. The respondent is presently serving a sentence imposed upon him by the Superior Court for Clark County in April 1963.

The order of the Superior Court for Walla Walla County directed the release or retrial of the respondent...

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