In Re Whipple v. Smith

The petitioner, an inmate of the Washington state penitentiary at Walla Walla, applied to this court for a writ of habeas corpus, alleging that he was being held under a judgment and sentence by a justice of the peace and that the warden of the penitentiary was without authority to hold him for want of a warrant of commitment.

Rule of Supreme Court 29, 18 Wn. (2d) 26-a, provides, among other things, as follows:

“(1)' Any judge of this court may issue writs of habeas corpus, returnable before himself or this court, or any superior court or any judge thereof; or may make an order to show cause…