Application for a Writ of Habeas Corpus of Wesley v. Schneckloth

(dissenting)—The majority states the facts accurately and clearly. Its opinion is predicated on the federal decisions: In re Carmen, 165 F. Supp. 942 (September, 1958), and Dickson v. Carmen, No. 16185, 270 F. (2d) 809 (C.A. 9th; September 29, 1959). In the face of these decisions I am impelled to a different conclusion, realizing fully that whoever may be right the federal courts have the muscles, so far as the opening of prison doors is concerned.

The state of Washington, since its creation, has had territorial jurisdiction over all persons within its boundaries, unless restricted by…