BUTLER, Chief Judge.
This is an application for a writ of habeas corpus filed by Charles Van Mitchell, a state prisoner, now serving a sentence of not less than five nor more than six years imposed by the Superior Court of Johnston County, North Carolina, upon the petitioner's conviction by a jury of a crime against nature.
At the time of filing application the petitioner had not exhausted his state remedies and the cause was retained by this court to afford...
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