George v. Baxter v. B. J. Rhay, Superintendent, Washington State Penitentiary, Walla Walla, Washington

The appellant, George Van Baxter, is presently serving a life sentence on a state conviction as an habitual criminal. The final link in the chain of evidence establishing this status was a conviction for second degree burglary. The appellant contends that this conviction is invalid because

(1) Evidence obtained by means of an unlawful search and seizure was used at the trial;

(2) Admissions obtained by coercion were introduced;

(3) The prosecution knowingly used false testimony;

(4) The State did not file an information against him nor bring him to trial within the statutory time limit; and

(5) The State denied him the right to appellate review because of his poverty and lack of education.

His petition for a writ of habeas corpus was denied by the District Court after a hearing, and the case is now before us on appeal. We find that the appellant’s contentions are without merit.

The undisputed facts show that Baxter was accosted for questioning by two Seattle, Washington, patrolmen about four o’clock in the morning. He fled and warning shots were fired. He was captured and handcuffed after a chase. The burglary of which he was later convicted had not yet been discovered.…