John Leonard Mize, Appellant, v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee, 338 F.2d 1004 (10th Cir. 1964)

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US Court of Appeals for the Tenth Circuit - 338 F.2d 1004 (10th Cir. 1964) December 8, 1964

James F. Fellingham, Oklahoma City, Okl., for appellant.

Richard H. Seaton, Asst. Atty. Gen. of Kansas (William M. Ferguson, Atty. Gen. of Kansas, on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit Judges.


It appears from the record and briefs that the matters complained of in this habeas corpus proceedings are within the cognizance of the Kansas courts, and that the petitioner is now pursuing his remedy there. See: Per Curiam order of the Supreme Court of Kansas, entered December 6, 1963. The trial Court, therefore, correctly denied the writ and the judgment is affirmed.