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GRAEBER v. RHAY

No. 15867.

256 F.2d 556 (1958)

Wyman W. GRAEBER, Appellant, v. B. J. RHAY, as Superintendent of the Washington State Penitentiary at Walla Walla, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

May 27, 1958.

Attorney(s) appearing for the Case

Wyman W. Graeber, Walla Walla, Wash., appellant, in pro. per.

John J. O'Connell, Atty. Gen., State of Washington, for appellee.

Before STEPHENS, Chief Judge, and DENMAN and BARNES, Circuit Judges.

PER CURIAM.

Graeber appeals from the denial of his application for a writ of habeas corpus which seeks his release from a penitentiary in the State of Washington upon sentence after a jury conviction for robbery. The writ was denied because there was no showing of an exhaustion of state remedies as required by 28 U.S.C. § 2254 as construed by the Supreme Court in Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761.

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