In re Rafferty

The opinion of the court was delivered by

Scott, J.

Defendant was convicted in the superior court of Pierce county of the crime of an attempt to commit rape, and upon June 24,1890, was sentenced to imprisonment in the penitentiary for a term of fourteen years. After his incarceration application was made to the Honorable Theodore L. Stiles, one of the judges of this court, for a writ of habeas corpus, whereupon an order nisi was made by said judge, requiring the warden of the penitentiary to show cause to this court why the writ should not issue.

This being the first proceeding of the kind…