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ROBERTS v. CROUSE

No. 8143.

350 F.2d 299 (1965)

Harry ROBERTS, Jr., Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

August 23, 1965.

Attorney(s) appearing for the Case

Paul S. Goldman, Denver, Colo., Harry Roberts, Jr., pro se., for appellant.

Richard H. Seaton, Asst. Atty. Gen. of Kansas (Robert C. Londerholm, Atty. Gen. of Kansas, with him on the brief), for appellee.

Before PICKETT and SETH, Circuit Judges, and DOYLE, District Judge.

PER CURIAM.

The appellants Roberts, a prisoner in the Kansas State Penitentiary, brought this habeas corpus action in the United States District Court for the District of Kansas, alleging that he was unlawfully sentenced in the Kansas court and is entitled to his release. This is an appeal from an order dismissing the petition without a hearing. The record is not clear whether petitioner has exhausted his state remedies. In view of this uncertainty, the trial court...

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