Robert E. Boehme v. Roger Maxwell, Superintendent of the Washington State Reformatory at Monroe, Washington

This is an appeal from a denial by the district court of appellant’s application for a writ of habeas corpus. Appellant was convicted in the superior court of the state of Washington for Pierce County of the crime of assault in the first degree committed on his wife, Mary Boehme.

After a comprehensive study of' the complete record, including the exhaustive in banc opinion of the Supreme Court of Washington, State v. Boehme, 71 Wash.2d 621 , 430 P.2d 527 (1967), cert. denied 390 U.S. 1013 , 88 S.Ct. 1259 , 20 L.Ed.2d 164 (1968), the five volume state court record, and the findings and opinion of the district court, Boehme v. Maxwell, 309 F.Supp. 1106 (D.Wash., 1970), we affirm.

The record before the district court, being the same record as that before the Washington Supreme Court and the United States Supreme Court, met all the requirements of Townsend v. Sain, 372 U.S. 293, 312-318 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963) and justified the trial judge’s dismissal of the petition without an evidentiary hearing. Beyond question, the trial judge accurately interpreted the requirements of Townsend, i. e., he correctly decided (1) that the merits of the factual dispute were resolved in…