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ORRICER v. ERICKSON

No. Civ. 71-10S.

329 F.Supp. 360 (1971)

Charles R. ORRICER, Plaintiff, v. Donald R. ERICKSON, Warden of the South Dakota State Penitentiary, Defendant.

United States District Court, D. South Dakota, S. D.

August 5, 1971.

Attorney(s) appearing for the Case

Martin Weeks, of Bogue & Weeks, Vermillion, S. D., for plaintiff.

Roger A. Schiager, Special Asst. Atty. Gen., Sioux Falls, S. D., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioner has filed a petition in this court seeking federal habeas corpus relief from a state court conviction of second degree burglary. Petitioner has exhausted his state court remedies in accordance with the requirements of 28 U.S.C.A. § 2254. See, State v. Orricer, 80 S.D. 126, 120 N.W.2d 528 (1963) (direct appeal from conviction); Orricer v. State, S.D.,

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