George L. Smith v. B. J. Rhay, Warden of the Washington State Penitentiary

ELY, Circuit Judge:

The courts of the State of Washington have sentenced appellant, George Smith, to life imprisonment as a result of his taking several articles of clothing from a store in which his wife worked. Because of his conviction for the crime of second degree burglary, he received the life sentence under Washington’s “habitual criminal” statute. Wash.Rev.Code 9.92.-090.

Smith’s conviction for second degree burglary was affirmed by the Supreme Court of Washington in State v. Smith, 72 Wash.2d 479, 434 P.2d 5 (1967). Having exhausted his state remedies as required by 28 U.S.C. § 2254,…