AUSTIN v. SWENSON

No. 75-1362.

522 F.2d 168 (1975)

Wesley AUSTIN, Appellant, v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 19, 1975.


Attorney(s) appearing for the Case

Benjamin Roth, St. Louis, Mo., filed typewritten brief and reply brief for appellant.

John C. Danforth, Atty. Gen., Neil MacFarlane, Asst. Atty. Gen., Jefferson City, Mo., and Nels C. Moss, Jr., Asst. Circuit Atty., City of St. Louis, St. Louis, Mo., filed typewritten brief for appellee.

Before LAY, STEPHENSON and WEBSTER, Circuit Judges.


WEBSTER, Circuit Judge.

Wesley Austin appeals from the order of the District Court dismissing without prejudice his habeas corpus petition upon the ground of non-exhaustion of state remedies.

In his petition, petitioner contended that he was denied due process by the manner in which he was tried and convicted. We consider here only petitioner's claim that the state prosecution withheld material evidence favorable to him as a defendant.1<...

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