Eugene Marvin Davis v. B. J. Rhay, Superintendent of the Washington State Penitentiary at Walla Walla, Washington

Davis appeals from the denial of his application for a writ of habeas corpus to be released from a sentence of imprisonment for second degree assault (assault with a deadly weapon). After pleading not guilty to this charge Davis, represented by counsel, changed his plea in open court to guilty.

One of his contentions is that the Washington statute under which he was convicted is unconstitutional because as interpreted by the court it deprives him of equal protection of the law. This court decided this question adversely to his contention in the recent case of Jones v. Rhay, 254 F.2d 393 .

Davis further contends that he was induced to plead guilty because his attorney wrongfully advised him to do so on the representation that he could obtain from the prosecuting atorney a recommendation to the Washington Parole Board that Dayis be sentenced for no more than two years on the count of the information charging him with second degree assault and a withdrawal of the other count of the information. This proposal was accepted by the prosecuting attorney and carried out, though in the course of their discussion the prosecutor told Davis’ attorney that the Washington State Board of Prison…