Tom Eskridge, in Re Application for Writ of Habeas Corpus v. B. J. Rhay, Superintendent of Washington State Penitentiary at Walla Walla, Washington

Tom Eskridge, a Washington state prisoner, appeals from a district court order denying his application for a writ of habeas corpus. The district court entered a certificate of probable cause, thereby enabling this court to entertain the appeal. See 28 U.S.C. § 2253 (1958).

On December 14, 1935, following his trial and conviction on a charge of murder in the first degree, Eskridge was sentenced by the Superior Court of Spokane County, Washington, to a life term in the state penitentiary. His appeal from that judgment and sentence was dismissed by the Supreme Court of Washington on May 27, 1936.

In 1956, Eskridge instituted habeas corpus proceedings before the Supreme Court of Washington. He charged that the failure of the state to furnish a free transcript of the trial proceedings for use on his appeal from the conviction and sentence had violated his constitutional rights. The Supreme Court of Washington denied the petition without opinion, but the United States Supreme Court reversed and remanded the cause to the Supreme Court of Washington for further proceedings. Eskridge v. Washington State Board of Prison Terms and Paroles, 357 U.S. 214 , 78 S.Ct. 1061 , 2 L.Ed.2d 1269…