Arthur Dale Jack v. B. J. Rhay and the State of Washington

Appellant, a state prisoner, was convicted and his conviction affirmed. State of Washington v. Jack, 63 Wash.2d 632 , 388 P.2d 566 (1964). Certiorari was denied. 379 U.S. 856 , 85 S.Ct. 107 , 13 L.Ed. 2d 59 (1964).

We agree with the opinion and order of the district court, as follows:

“The facts are alleged in the petition and set out in detail in the opinion in State of Washington v. Jack, 63 Wn. 2d 632 , 388 P.2d 566 (1964). For the purposes of this opinion we accept the facts stated in the petition as true. We find no substantial variance between the facts stated in the petition and the opinion and therefore have not reviewed the transcript of the trial which is part of the appeal record. Since we are considering the facts stated as true there is no necessity of a further factual hearing here. Linden v. Dickson, 287 F.2d 55, 58 (9 Cir. 1961):

“Petitioner and three others were tried and convicted of grand larceny in the Superior Court of Lincoln County Washington. They were arrested shortly after a quantity of wheat was taken at night from an elevator in an isolated farming area. Petitioner was seen at the elevator at the time wheat was being removed. Petitioner and two…