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SHELTON v. STATE OF SOUTH CAROLINA

No. 8224.

285 F.2d 540 (1961)

Jack SHELTON, Appellant, v. STATE OF SOUTH CAROLINA and W. M. Manning, Superintendent of the South Carolina State Penitentiary, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 10, 1961.

Attorney(s) appearing for the Case

Russell Alton Wright, Richmond, Va. (Court-assigned counsel), for appellant.

William L. Pope, Asst. Atty. Gen., South Carolina (Daniel R. McLeod, Atty. Gen., of South Carolina, on the brief), for appellees.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and HUTCHESON, District Judge.

PER CURIAM.

This state court prisoner filed a petition for a writ of habeas corpus in the District Court while post conviction procedures initiated by him were pending in the state courts. The District Court dismissed the petition without a hearing.

The order discloses that the District Judge learned that the petitioner has available an opportunity to appeal to the Supreme Court of South Carolina, upon which that court may review the order of the state circuit...

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