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HOOPER v. NASH

No. 17478.

323 F.2d 995 (1963)

George C. HOOPER, Petitioner, v. E. V. NASH, Warden, Missouri State Penitentiary, Respondent.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 1, 1963.

Attorney(s) appearing for the Case

George Hooper, petitioner, pro se.

Thomas F. Eagleton, Atty. Gen., of Missouri, Jefferson City, Mo., for the State.

Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.

PER CURIAM.

Petitioner, an inmate of the Missouri State Penitentiary, made application to the District Court for the Western District of Missouri for a writ of habeas corpus, which the Court denied on the ground that the state remedy existing under Rule 27.26 Missouri Rules of Criminal Procedure, V.A.M.S., had not been exhausted by him. Rule 27.26 makes provision for a motion to vacate sentence, in substance the same as that under 28 U.S.C.A. § 2255 in the federal...

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