Cranor

The Superintendent of the Washington State Penitentiary appeals from the conditional grant by the district court of a writ of habeas corpus on application of an inmate, herein referred to as the petitioner. The latter gave notice of a cross-appeal, but his brief here is devoted exclusively to an effort to support the trial court’s findings and decision. Accordingly it is to be assumed that his appeal has been abandoned.

The findings below were as follows r Petitioner was charged in the Superior Court of the State of Washington with the crime of robbery and was convicted by jury verdict on November 10, 1947. Ten days later a supplemental information was filed against him in the same court, charging him with being an habitual criminal. The supplemental information was dismissed on January 13, 1948 on motion of petitioner’s attorney, and at that time the petitioner, by oral pronouncement of the judge, was sentenced to serve 25 years. The sentence was never reduced to writing and signed by the judge. On January 13, 1948 the State of Washington gave notice of appeal from the dismissal of the supplemental information. Thereafter an agreement was made between the judge and the State of…