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BLACK v. ELLIS

No. 18161.

283 F.2d 314 (1960)

Francis Marion BLACK, Appellant, v. O. B. ELLIS, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

October 21, 1960.

Attorney(s) appearing for the Case

Francis Marion Black, in pro. per., Huntsville, Tex., Norman Prendergast, New Orleans, La., for appellant.

Linward Shivers, Asst. Atty. Gen., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

CAMERON, Circuit Judge.

This appeal tests the legality of an order of the court below denying, from the face of petitioner's pleading, his application for writ of habeas corpus. The grounds for the denial are thus stated by the court below:

"The record does not show that the petitioner has appealed to the Supreme Court of the United States from the ruling of the Court of Criminal Appeals on February 12, 1959, and, therefore, he has not exhausted his state...

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