WILLIAM E. DOYLE, Circuit Judge.
In this habeas corpus proceeding brought pursuant to 28 U.S.C. § 2244, the district court ruled in favor of petitioner on the merits of his claim. Nevertheless, the court postponed the issuance of the writ until such time as the question had been presented to the Supreme Court of Kansas and that court had had an opportunity to grant the writ in the light of the Supreme Court's decision in Wardius v. Oregon,
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