State v. Agers

5 Wash. App. 12 | Wash. Ct. App. | 1971

Per Curiam.

Defendant Charles K. Agers appeals from a conviction on a charge of escape. At the time of the escape, defendant was confined in the Walla Walla County Jail pending the outcome of an appeal of a first-degree forgery conviction.

Error is assigned to the trial court’s denial of defendant’s motion for: (1) access to the Walla Walla County Law Library for the purpose of preparing a writ of habeas' corpus to attack the forgery judgment and sentence; and (2) a continuance of his escape trial in order to prepare said writ.

Neither proposition is supported by probative authority as required by State v. Rutherford, 66 Wn.2d 851, 405 P.2d 719 (1965). These two issues are within the discretion of the trial court; we find no abuse of that discretion. Judgment affirmed.

Petition for rehearing denied June 21,1971.

Review denied by Supreme Court July 26,1971.