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BRIZENDINE v. SWENSON

No. 1053.

261 F.Supp. 68 (1966)

William Prell BRIZENDINE, Petitioner, v. Harold R. SWENSON, Warden, Missouri State Penitentiary Jefferson City, Missouri, Respondent.

United States District Court W. D. Missouri, Central Division.

November 2, 1966.

Attorney(s) appearing for the Case

Granville Collins, Edward H. Hunvald, Jr., Columbia, Mo., for petitioner.

Norman Anderson, Atty. Gen., State of Missouri, Donald L. Randolph, Asst. Atty. Gen., Jefferson City, Mo., for respondent.

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

The petition for habeas corpus here involved, filed by a convict in the Missouri Penitentiary, showed on its face that petitioner did not file a motion to vacate pursuant to Missouri Rule 27.26, V.A.M.R. in the Circuit Court of Jackson County, Missouri, at Kansas City, his committing court, before attempting to invoke federal habeas corpus jurisdiction. We shall state in some detail the reasons why petitioner...

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