Daloia v. Rhay

252 F.2d 768 In the Matter of the Application for a Writ of Habeas Corpus of Cosmo A. DALOIA, Appellant, v. B. J. RHAY, Superintendent of the Washington State Penitentiary at Walla Walla, Washington, Appellee. No. 15636. United States Court of Appeals Ninth Circuit. February 14, 1958. Rehearing Denied March 12, 1958. Cosmo A. Daloia, Walla Walla, Washington, in pro. per., for appellant. John J. O'Connell, Atty. Gen., Michael R. Alfieri, Asst. Atty. Gen., State of Washington, for appellee. Before FEE and HAMLEY, Circuit Judges, and SOLOMON, District Judge. HAMLEY, Circuit Judge. 1 This is an appeal by Cosmo A. Daloia from an order denying his application for a writ of habeas corpus. 2 In June, 1955, Daloia was tried before a jury in the Superior Court of the State of Washington, in and for King County, on a charge of second degree assault. A verdict of guilty was entered, and, on June 10, 1955, he was sentenced to serve not more than ten years in the Washington state penitentiary. 1 No appeal was taken. 3 On October 19, 1956, the Supreme Court of the State of Washington denied the application of Daloia for a writ of habeas corpus. 2 Certiorari was thereafter denied by the United…