Hampson

The appellant filed a petition for a writ of habeas corpus in the court below, alleging an illegal search, seizure, and arrest. Finding that the petitioner has never applied for a writ of error coram nobis in any court of the State of Washington and therefore has not exhausted his state remedies, the court below dismissed the petition. From the order of dismissal, the present appeal was taken, in forma pauperis.

The petition recites that in the early morning of February 21, 1940, the appellant was taken into custody by two police officers of Tacoma, Washington, at his home in Fife, Washington; that the officers displayed no warrant for his arrest; that no charge against him had been filed in any court of the State; that he was taken to the Tacoma city jail and held incommunicado without “charge or indictment” until March S, 1940, during all of which time he was denied the right of consulting an attorney; and that he was not taken before a committing magistrate.

The petition further sets forth that the arresting officers questioned the appellant in jail for about an hour regarding an assault that had been made upon one Virginia Riffle, who had been found unconscious as a result…