JOHNSON v. GRAHAM

No. 5478.

238 F.2d 782 (1956)

David H. JOHNSON, Appellant, v. Marcell GRAHAM, Warden of the Utah State Prison, Appellee.

United States Court of Appeals Tenth Circuit.

November 23, 1956.


Attorney(s) appearing for the Case

Dorothy E. Binder, Denver, Colo., for appellant.

Walter L. Budge, Asst. Atty. Gen., State of Utah (E. R. Callister, Atty. Gen., State of Utah, on the brief), for appellee.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.


PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus. Johnson, the applicant for the writ, sought discharge from confinement in the Utah State Prison, under a judgment of conviction for the offense of murder by a state court of Utah.

The only allegation in the petition, with respect to the exhaustion by Johnson of his remedies in the state courts of Utah, reads as follows: "Petitioner claims that he has exhausted remedy...

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