PER CURIAM.
The brief of the Appellee Warden does not seriously deny the incorrectness of the District Judge's conclusion that there was a failure to exhaust state remedies, 28 U.S.C.A. § 2254, and therefore the petition for habeas corpus should be dismissed without a plenary hearing. The petition otherwise sets forth adequately the claim that on his state court trial for murder, petitioner was denied effective assistance of counsel. This seems to have been recognized...
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