Gordon M. Allen, and v. B. J. Rhay, Superintendent of the Washington State Penitentiary, And

JAMES M. CARTER, Circuit Judge:

Petitioner, serving time for a conviction in a state court of Washington in 1966 for the crime of robbery, petitions for his release by habeas corpus. The Supreme Court of Washington affirmed the conviction in State v. Allen (1967) 72 Wash.2d 42, 431 P.2d 593. Following an escape and conviction therefor he was adjudged an habitual criminal. Again the conviction was affirmed on appeal. State v. Allen, 75 Wash.2d 17, 448 P.2d 332 (1968).

On March 8, 1968, the Washington Supreme Court denied petitioner’s application for relief in habeas corpus in its cause No.…