UNITED STATES v. PATE

No. 16093.

380 F.2d 94 (1967)

UNITED STATES of America ex rel. Orville WALDRON, Petitioner-Appellant, v. Frank J. PATE, Warden, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

June 22, 1967.


Attorney(s) appearing for the Case

John E. Coons, Chicago, Ill., John P. Heinz, Jon R. Waltz, Chicago, Ill., of counsel, for appellant.

William G. Clark, Atty. Gen. of Illinois, Robert F. Nix, Asst. Atty. Gen., Chicago, Ill., Richard A. Michael, Asst. Atty. Gen., of counsel, for appellee.

Before CASTLE, SWYGERT and CUMMINGS, Circuit Judges.


CASTLE, Circuit Judge.

The petitioner-appellant, Orville Waldron, prosecutes this appeal from a judgment order of the District Court dismissing his petition for a writ of habeas corpus. The petition was dismissed on the ground that there was a failure to exhaust state remedies as required by 28 U.S.C.A. § 2254.

The petitioner was convicted of murder in the Circuit Court of Winnebago County, Illinois, after trial by jury, and sentenced to death. The conviction...

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