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CYRONNE-DeVIRGIN v. STATE OF MISSOURI

No. 17629.

341 F.2d 568 (1965)

Achillies G. CYRONNE-DeVIRGIN, Appellant, v. STATE OF MISSOURI and Dr. Donald B. Peterson, Superintendent of State Hospital No. 1, Fulton, Missouri, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 11, 1965.

Attorney(s) appearing for the Case

Wayne F. Caskey, Jr., Kansas City, Mo., for appellant.

Thomas F. Eagleton, Atty. Gen., and Howard L. McFadden, Asst. Atty. Gen., State of Missouri, Jefferson City, Mo., for appellee.

Before JOHNSEN, Chief Judge, and VOGEL and MEHAFFY, Circuit Judges.

PER CURIAM.

Achillies G. Cyronne-DeVirgin has appealed an order of the District Court denying summarily his pro se petition for a writ of habeas corpus for failure to exhaust state remedies before seeking federal relief. The District Court found on the record of the state proceedings that petitioner had never appealed an order of the state trial court overruling his motion to vacate sentence under Rule 27.26 of the Missouri Rules of Criminal Procedure, V.A...

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