McCauley v. Palmer

Ninth Circuit Court of Appeals

Decided Sept. 24, 1937.

Ninth Circuit Court of Appeals · decided 1937-09-24

2 counsel of record

Relies on Hall v. People of California

Opinion by (per_curiam) · Decided 1937-09-24

¶1G. W. Hamilton, Atty. Gen., and W. A. Toner, Asst. Atty. Gen., for appellant.

¶2E. D. Phelan, of Seattle, Wash., for appellees.

¶3Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

¶4PER CURIAM.

¶5Upon the authority of Hall v. People of the State of California (C.C.A.9) 79 F.(2d) 132, and cases there cited, the order herein appealed from is reversed and this case is remanded to the District Court with directions to dismiss the application for habeas corpus, without prejudice to any right of appellee to apply to any state court of the state of Washington for habeas corpus or for such other writ, remedy or relief as in such state court may be available; mandate to issue forthwith.