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WOOLLOMES v. HEINZE

No. 13224.

198 F.2d 577 (1952)

WOOLLOMES v. HEINZE, Warden of California State Prison at Folsom.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 16, 1952.

Attorney(s) appearing for the Case

Lyle Woollomes, pro. per.

Edmund G. Brown, Atty. Gen. of Cal., Clarence A. Linn, Asst. Atty. Gen. of Cal., Charles E. McClung, Deputy Atty. Gen. of Cal., for appellee.

Before MATHEWS, HEALY and ORR, Circuit Judges.

ORR, Circuit Judge.

Woollomes appeals from an order of the district court dismissing his petition for a writ of habeas corpus. The petition charges the deliberate suppression of certain evidence by the prosecution at the time of his trial for murder in the state courts.

The dismissal below was based upon the asserted failure of Woollomes to exhaust his state remedies as required by 28 U.S. C.A. § 2254. While...

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