Berg

Berg, a prisoner in the Washington State Penitentiary under a judgment and sentence entered by the superior court for Chelan County, Washington, appeals from an order denying his application for a writ of habeas corpus, entered after a full hearing had been afforded Berg.

Berg claims that because of a conspiracy between the trial judge, the prosecuting attorney and Berg’s counsel, Berg was denied a fair trial. At the hearings below, Berg made no showing of any conspiracy between the trial judge, the prosecuting attorney and his counsel, or any of them, and the district court properly refused to grant the writ on this ground of the application.

Berg, convicted in a criminal case, to establish jurisdiction in the supreme court must comply with certain rules of that court. State v. Brown, 26 Wash.2d 857 , 176 P.2d 293 . Rule 12 requires that within ninety days after giving of a notice of appeal, appellant shall cause to be filed with the clerk of the trial court or of the supreme court the statement of facts or bill of exceptions, the certified! copy of the transcript of the record and a five-dollar filing fee. 18 Wash.2d 14a,. 15a [now Rules on Appeal, rule 46, 34A Wash.2d…