Mims v. Rhay
Mims v. Rhay
Opinion of the Court
Petitioner, Benjamin Mims, a convicted felon on parole, was convicted of third-degree assault in a King County Justice Court on August '23, 1968. As a result of this conviction, his parole was revoked. Petitioner now seeks by habeas corpus to challenge the validity of his conviction of said third-degree assault alleging a witness rendered perjured testimony therein. We find no merit in petitioner’s position.
The purpose of the writ of habeas corpus is not to determine the guilt or innocence of the petitioner; but rather to ascertain whether he is restrained of his liberty by due process of law. Johnson v. Zerbst, 304 U.S. 458, 82 L. Ed. 1461, 58 S. Ct. 1019, 146 A.L.R. 357 (1937).
The judgment which petitioner attacks is valid and regu
Petition is denied.
Evans, C. J., and Green, J., concur.
Cf. 5 Wharton, Criminal Law & Procedure, § 2226 at 458 (1957).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.