Barton

On March 2, 1946, the appellant filed a petition for a writ of habeas corpus in the court below, reciting that he is illegally imprisoned under a judgment of the Superior Court of King County, Washington, dated May 4, 1938, for the term of his natural life, “for the offense of being an habitual criminal”. The “proceeding” in which he was sentenced is alleged to have been had by virtue of a certain state statute, “and by virtue of certain judicial determinations of the Supreme Court of the State of Washington” that need not be outlined here.

Holding that the petitioner’s allegations were “insufficient”, the court below dismissed the petition. From the order of dismissal, the present appeal, in forma pauperis, was taken.

The petition avers that the state statute is “unconstitutional in that it creates a presumption that is arbitrary and is made conclusive of the rights of the person against whom it is raised”; “in that the highest court of the state candidly applies it to some and concededly would not apply it to others in similar situations”; and “in that it inflicts punishment for past conduct without benefit of trial”.

It is also alleged that “the state has denied to its…