UNITED STATES v. RAGEN

No. 8944.

153 F.2d 609 (1946)

UNITED STATES ex rel. McCARTHY v. RAGEN, Warden.

Circuit Court of Appeals, Seventh Circuit.

February 20, 1946.


Attorney(s) appearing for the Case

Jay J. McCarthy, of Chicago, Ill., for appellant.

George F. Barrett and Wm. C. Wines, both of Chicago, Ill., for appellee.

Before EVANS, SPARKS and MAJOR, Circuit Judges.


MAJOR, Circuit Judge.

The court below, on July 24, 1945, on respondent's motion dismissed petitioner's petition for writ of habeas corpus. From such order of dismissal the appeal comes to this court. The order appealed from does not state the reason for the court's action but it is readily apparent that it was for want of jurisdiction because of petitioner's failure to show an exhaustion of state court remedies.

Petitioner is serving a sentence in an Illinois...

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