State ex rel. Thomas v. Lawler

• Decision Date: 04 June 1945
• Docket Number: 29615.
• Citation: State ex rel. Thomas v. Lawler, 159 P.2d 622, 23 Wn.2d 87 (Wash. 1945)
• Parties: STATE ex rel. THOMAS v. LAWLER, Judge.
• Court: Washington Supreme Court

159 P.2d 622

23 Wn.2d 87

STATE ex rel. THOMAS v. LAWLER, Judge.

No. 29615.

Supreme Court of Washington, En Banc.

June 4, 1945

Petition by the State of Washington, on the relation of Charles Barr Thomas, against the Hon. James T. Lawler, Judge of the Superior Court of the State of Washington, King County, for writ of review of proceedings on petitioner's previous petition for habeas corpus, wherein the petition was denied.

Writ of review dismissed.

John Caughlan, of Seattle, for petitioner.

Lloyd Shorett and Max R. Nicolai, both of Seattle, for respondent.

GRADY Justice.

On March 6, 1945, a petition was filed in this court in behalf of Charles Barr Thomas supported by the affidavit of his attorney praying that a writ of review be issued directing the superior court of Washington for King county--the Hon James T. Lawler, Judge--to certify to the court the records and proceedings in the action in the superior court entitled ' In the Matter of the Application of Charles Barr Thomas for a Writ of Habeas Corpus,'No. 36042, for review.

On March 7, 1945, an alternative writ of review was issued directing Judge Lawler to certify and return to this court on March 30, 1945, a transcript of the records and proceedings in the case or to show cause why he should not do so.Pursuant to the writ the judge caused a certified transcript of the record to be transmitted as directed, and with it was filed a certified statement of facts setting forth the testimony taken Before Judge Lawler at the hearing had Before him in the habeas corpus proceeding.

The record Before us shows that on February 3, 1945, a petition was filed in this court in behalf of Charles Barr Thomas praying that a writ of habeas corpus issue for the purpose of inquiring into the legality of his detention in the county jail of King county, it being alleged that he was a minor of the age of sixteen years and that it was unlawful to confine him in the jail.An order was entered directed to the sheriff of King county requiring him to appear Before the court on a date fixed and to show cause why Charles Barr Thomas was being restrained of his liberty in the King county jail.The sheriff appeared in response to the order and moved to dismiss the proceeding, or, in the alternative, that the proceeding be transferred to the superior court of Washington for King county for hearing.After hearing arguments of counsel for the respective parties an order was entered transferring the proceeding to the superior court for the purpose of further hearing, the taking of testimony if necessary, and the entry of such order as to the court might seem proper and appropriate.It was further ordered that the sheriff of King county appear Before the superior court at a time fixed and show cause, if any there was, why the petition of Charles Barr Thomas for a writ of habeas corpus should not be granted, or why the petitioner should not receive some measure of the relief he sought, or why a writ of habeas corpus should not issue on his behalf.Pursuant to this order a hearing was held Before the superior court of Washington for King county, the Hon. James T. Lawler presiding.Witnesses testified and documentary evidence was received.It is that proceeding that has been brought here for review.

The only record Before us as to what transpired at the close of the hearing is a minute entry made by the clerk of the superior court, as follows:

'After final argument by respective counsel, the Court denies petition for Writ of Habeas Corpus in behalf of Charles B Thomas--the Court denies Petition, exception allowed.'

When the alternative writ of review came on for...