KERNER, Circuit Judge.
In 1946, after thirty-nine years in the Illinois State penitentiary, petitioner filed a petition for writ of habeas corpus, alleging, inter alia, that his State remedies were exhausted, and that by failure of timely State prosecution he had been denied due process in violation of the Fourteenth Amendment. Upon a hearing in the District Court, petitioner was discharged. Respondent is appealing from the judgment.
From the record it appears...
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