CLARK v. CROUSE

No. 8557.

359 F.2d 785 (1966)

Ralph J. CLARK, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

April 26, 1966.


Attorney(s) appearing for the Case

Terry L. Bullock, Topeka, Kan., for appellant.

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

Before HILL and SETH, Circuit Judges, and BOHANON, District Judge.


HILL, Circuit Judge.

The appeal is from an order dismissing appellant's petition for a writ of habeas corpus without a hearing on the ground that petitioner had not exhausted his available state court remedies.

A background statement of the case is necessary in order to put it in proper focus. Clark, a deaf mute, was tried, convicted and sentenced in the District Court of Johnson County, Kansas, in 1958 for the crime of murder in the first degree and is now...

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