SMITH, Circuit Judge.
Relator is appealing from the denial, by Chief Judge Burke in the Western District of New York, of his application for a writ of habeas corpus on the ground that he had failed to exhaust his available state remedies. In order fully to dispose of this litigation, it is necessary to review the 25-year history of this case.
When originally indicted, in Oswego County Court in 1936, relator was charged with first degree murder in two counts...
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