UNITED STATES v. WILKINS


272 F.2d 881 (1959)

UNITED STATES of America ex rel. Wesley WRIGHT, Relator-Appellant, v. Walter H. WILKINS, Warden, Attica State Prison, Attica, New York, and The People of the State of New York, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided December 7, 1959.


Attorney(s) appearing for the Case

Wesley Wright, relator-appellant pro se.

Herbert J. Wallenstein, Asst. Atty. Gen. of the State of New York, New York City, for respondents-appellees.

Before CLARK, Chief Judge, and HINCKS and WATERMAN, Circuit Judges.


PER CURIAM.

Relator appears not to have exhausted his state remedies, and further his claim of error deals only with the sentence, and not with the question of guilt. The sentence as given was within the power of the state judge.

Accordingly the motions are denied and the appeal is dismissed.

WATERMAN, Circuit Judge (dissenting).

I dissent. I would remand. From the scanty record before us it appears that the court below considered state remedies...

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