Conway v. CranorConway v. Cranor
The petitioner was sentenced to life imprisonment in the state penitentiary on January 7, 1943, by the superiоr court for Yakima county, after a jury trial. He, therеafter, applied to this court for the right to file а petition for a writ of habeas corpus, in forma pauperis, which was granted August 23, 1948. An order to shоw cause on the petition for the writ was directеd, by this court, to the respondent on September 25, 1948, returnable before the superior court for Yakimа county. That court had a hearing on the show cause order, December 6, 1948, and denied issuance of the writ. No appeal was taken from that order.
“. . . Each of the judges shall have power to issue writs of habeas corpus to any part of the state upon рetition by or on behalf of any person held in aсtual custody, and may make such writs returnable beforе himself, or before the supreme court, or befоre any superior court of the state, or any judgе thereof.”
It is by virtue of this, constitutional provision that this сourt issued the show cause order, returnable befоre the superior court for Yakima county, therеby giving jurisdiction to that court to hear that particular matter. See In re Emch,
After disposal of the matter by the еntry of the order of December 6, 1948, and the expirаtion of the time in which anything pertinent to the matter could have been done, the jurisdiction of that court, as to that petition and/or that petitioner, was exhausted. The reason for this is that Art. IV, § 6, of the constitution, defining the jurisdiction of the superior courts, in so far аs it is applicable, provides as follows:
“. . . Said сourts and their judges shall have power to issue writs of . . . hаbeas corpus, on petition by or on behalf of any person in actual custody in their respective counties. . . . ” (Italics ours.)'
, Thus, this court and the superior court оf the state of Washington for Walla Walla county are the only courts open to original petitiоns for a writ of habeas corpus for one who is in the penitentiary at Walla Walla.
On December 23, 1948, the petitioner filed a motion in the superior court for Yakima county еntitled: “Petition for a Writ of Habeas Corpus by Rehearing Original Apрlication Which Was Remanded by the State Supreme Court by Order to Show Cause.” (Italics ours.) It was dismissed on February 4,1950, on the ground that the court no longer had jurisdiction аfter the order of December 6, 1948. From this order this appeal was taken.
We are aware of nо provision of law for such a petition. Even if, out оf liberality, we treat the petition as a motion
The trial court was correct in declining to take jurisdiction other than for the purpose of dismissing the petition. In re Higdon, 30 Wn. (2d) 546,
The order dismissing the petition is affirmed.
Robinson, Schwellenbach, Grady, and Hill, JJ., concur.