51 Wn.2d 893, In the Matter of the Application for a Writ of Habeas Corpus of CHARLES T. STEWART, Petitioner, v. RAY BELNAP, as Superintendent of the State Reformatory, Respondent

[No. 34425. Department One.     Supreme Court      November 29, 1957.]

In the Matter of the Application for a Writ of Habeas Corpus of CHARLES T. STEWART, Petitioner, v. RAY BELNAP, as Superintendent of the State Reformatory, Respondent.1

Application filed in the supreme court August 5, 1957, for a writ of habeas corpus. Denied; imposition of corrected sentence directed.

Charles T. Stewart, pro se.

The Attorney General and Michael R. Alfieri, Assistant. for respondent.

PER CURIAM. -

The petitioner was found guilty of the crime of taking a motor vehicle without the permission of the owner in violation of RCW 9.54.020, Rem. Rev. Stat. 2601-1. The trial court entered judgment and sentence that the petitioner be imprisoned for a period of not more than twenty years.

For the reasons indicated in In re Klapproth v. Squier (1957), 50 Wn. (2d) 675, 314 P. (2d) 430, and in In re Richey v. Squier (1957), ante p. 38, 315 P. (2d) 638, it is necessary to correct the sentence pronounced by changing the maximum from twenty to ten years, as provided by RCW 9.92.010, Rem. Rev. Stat., 2265.

The respondent is directed to produce the petitioner in the court where he was convicted, and where judgment and sentence was pronounced; and that court is directed to impose a corrected sentence, as indicated in this opinion and in the cases cited.

1 Reported in 318 P. (2d) 324.

51 Wn.2d 893, In the Matter of the Application for a Writ of Habeas Corpus of JAMES E. ROSS, Petitioner, v. B. J. RHAY

[No. 34238. Department Two.      Supreme Court      December 12, 1957.]

In the Matter of the Application for a Writ of Habeas Corpus of JAMES E.
      ROSS, Petitioner, v. B. J. RHAY, as Superintendent of the State
                     Penitentiary, Respondent.2

Application filed in the supreme court March 29, 1957, for a writ of habeas corpus. Denied.

James E. Ross, pro se.

The Attorney General and Michael R. Alfieri, Assistant, for respondent.

PER CURIAM. -

James E. Ross was convicted of first degree murder April 6, 1950. Sentence of life imprisonment was imposed July 7, 1950, the jury having recommended against the death penalty.

Notice of appeal was given. The trial court refused the application made by Ross for a statement of facts at county expense, being "satisfied defendant had a fair and impartial trial." There is no claim that Ross made any effort to file a narrative statement of facts, which is permissible under our practice. No statement of facts having been filed, the appeal was dismissed October 13, 1950.

2 Reported in 318 P. (2d) 975.

 894    IN RE ALLEN v. RHAY. [51 Wn. (2d)

Ross has heretofore had applications for writs of habeas corpus denied by this court and by the superior court for Walla Walla county.

By this application for habeas corpus, he makes the same contentions that were made in In re Grady v. Schneckloth (1957), ante p. 1, 314 P. (2d) 930, i. e., that an indigent defendant. who desires to appeal his conviction, is entitled to a free statement of facts as a matter of right because of the opinion of the United States supreme court in Griffin v. Illinois (1956), 351 U. S. 12, 100 L. Ed. 891, 76 S. Ct. 585.

The fallacy of this contention was made clear in the Grady case, and on the authority of that case the application for a writ of habeas corpus is denied.