decided.: June 9, 1950.
UNITED STATES OF AMERICA EX REL. ADOLPH PRIESTER, APPELLANT,
STANLEY P. ASHE, WARDEN, WESTERN STATE PENITENTIARY.
Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.
It is apparent from an examination of the briefs and record in this case that the appellant has failed to exhaust his State remedies. Ex parte Hawk, 321 U.S. 114, 64 S. Ct. 448, 88 L. Ed. 572; Darr v. Burford, Warden, 339 U.S. 200, 70 S. Ct. 587. Consequently the decree of the court below, 86 F.Supp. 673, denying him enlargement on writ of habeas corpus will be affirmed.
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