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CHAPMAN v. COLLINS

No. 20378.

435 F.2d 155 (1970)

Arthur CHAPMAN, Appellant, v. Shirley COLLINS, Sheriff of St. Clair County, and State of Missouri, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied December 21, 1970.

Attorney(s) appearing for the Case

Arthur Chapman, filed brief pro se.

John C. Danforth, Atty. Gen., Jefferson City, Mo., and Kenneth M. Romines, Asst. Atty. Gen., filed brief for appellee.

Before MATTHES, Chief Judge, LAY, Circuit Judge, and REGISTER, District Judge.

PER CURIAM.

Petitioner was arrested on November 8, 1969, in Bates County, Missouri, on the charge of auto theft under state law. On November 14, 1969, he sought release by filing in the United States District Court for the Western District of Missouri, a petition for habeas corpus. This was dismissed on the ground that as a state prisoner he must first exhaust his state remedy. On December 12, 1969, petitioner then filed for a writ of habeas corpus in the State Circuit...

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