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CHEEK v. SWENSON

No. 18779.

387 F.2d 339 (1967)

Arthur CHEEK, Appellant, v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

December 4, 1967.

Attorney(s) appearing for the Case

Arthur Cheek, pro se.

Norman H. Anderson, Atty. Gen. of Missouri, Jefferson City, Mo., and Richard C. Ashby, Asst. Atty. Gen., Jefferson City, Mo., filed brief of appellee.

Before VOGEL, Chief Judge, and MATTHES and BLACKMUN, Circuit Judges.

PER CURIAM.

The court below dismissed without prejudice appellant's petition for writ of habeas corpus upon the ground of his failure to establish the exhaustion of post-conviction remedies currently available to him in the State of Missouri.

Appellant, a prisoner of the State of Missouri, alleges that in 1958 he was convicted of murder in Stoddard County, Missouri and was sentenced to a life term; that his appeal from this conviction was dismissed on motion...

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