Latimer

Latimer, haying been convicted of grand larceny by a superior court of the State of Washington, appeals from the denial of his application for a writ of habeas corpus to free him from the judgment. Latimer claims that the facts alleged in his application require a hearing upon evidence to sustain it and that the district court erred in denying such a hearing.

The district court had jurisdiction, for Latimer had applied to the Supreme Court of the State of Washington for a writ of habeas corpus and on its denial had sought certiorari to the Supreme Court of the United States, which was denied. He thus complied with the requirement to exhaust his state remedies. 28 Ú.S.C. § 2254.

1). The application alleges that Latimer was arrested by the state officers who acted without a warrant. It does not allege that this action in any way áffected Latimer’s trial. Here is no showing of the violation of the Constitution warranting federal action.

2). The application alleges that without a search warrant state officers seized certain of Latimer’s property. It does not clearly appear that the seized matter was used as evidence against him or that it led to the discovery of other facts so…