Ray L. Johnson v. B. J. Rhay, Superintendent of Washington State Penitentiary at Walla Walla, Washington

Ray L. Johnson, an inmate of Washington State Penitentiary, appeals from an order of the district court denying his application for a writ of habeas corpus. The application was denied without issuance of an order to show cause, on the ground that it appeared from the application that Johnson was not entitled to the writ.

Several reasons why the writ should issue were asserted in the application and are renewed here. The one principally relied upon is that applicant has been subjected to double jeopardy.

On May 16, 1955, in cause No. 32138 before the superior court of Pierce County, Washington, Johnson pleaded guilty to an information charging him with the crime of assault in the first degree armed with a deadly weapon. The trial judge could then have followed one of three courses. Pursuant to RCW 9.-95.010 he could have fixed the maximum penitentiary sentence to be served by Johnson at twenty years, and allowed the sentence to go into immediate effect. As an alternative, he could have fixed such maximum sentence, granted probation, and suspended execution of the sentence. As a second alternative, the trial court could have granted probation and suspended imposition of the…