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BROWN v. CROUSE

No. 9669.

395 F.2d 755 (1968)

Le Roy St. Clair BROWN, Jr., Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 19, 1968.

Attorney(s) appearing for the Case

John H. Williamson, Denver, Colo., for appellant.

Daniel D. Metz, Asst. Atty. Gen. of Kansas (Robert C. Londerholm, Atty. Gen. of Kansas, on the brief), for appellee.

Before PICKETT, LEWIS and SETH, Circuit Judges.

SETH, Circuit Judge.

Appellant Brown filed a petition for a writ of habeas corpus with the United States District Court for the District of Kansas seeking release from the Kansas State Penitentiary. The District Court denied his petition without a hearing on the ground that he had not exhausted his state remedies as prescribed by 28 U.S. C.A. § 2254, and this appeal was taken.

The Kansas statutes (K.S.A. § 60-1507) provide a Motion to Vacate, Set...

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