Elwood v. Smith

STEPHENS, Circuit Judge.

Petitioner appeals from a judgment denying his application for the issuance of the writ of habeas corpus and discharging respondent from further answer to an order to show cause theretofore issued.

Petitioner makes the point that he was sentenced by the state court of Washington for a non-existent crime, to-wit, that of habitual criminal.'

Some years ago, petitioner was twice found guilty of a crime in a Washington state court, each amounting to a felony, and thereafter was again found guilty of a felony by a court of that state. After the third conviction, sentence was…