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    United States Ex Rel. Watson v. Martin, 214 F.2d 534, 2d Cir. (1954)

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    The appellant appealed the denial of his application for a writ of habeas corpus challenging a 1948 rape conviction for which he is currently imprisoned. In 1941, the appellant pled guilty to assault and served that sentence until 1945 without appeal. The record does not show that the appellant exhausted state remedies regarding his current imprisonment as required, nor does it raise any constitutional issues with the 1948 rape conviction and sentence. The Second Circuit affirmed the order denying the writ.

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    United States Ex Rel. Watson v. Martin, 214 F.2d 534, 2d Cir. (1954)

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    The appellant appealed the denial of his application for a writ of habeas corpus challenging a 1948 rape conviction for which he is currently imprisoned. In 1941, the appellant pled guilty to assault and served that sentence until 1945 without appeal. The record does not show that the appellant exhausted state remedies regarding his current imprisonment as required, nor does it raise any constitutional issues with the 1948 rape conviction and sentence. The Second Circuit affirmed the order denying the writ.

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    Filed: 1954-07-01 Precedential Status: Precedential Citations: 214 F.2d 534 Docket: 23017_1

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    The appellant appealed the denial of his application for a writ of habeas corpus challenging a 1948 rape conviction for which he is currently imprisoned. In 1941, the appellant pled guilty to assault and served that sentence until 1945 without appeal. The record does not show that the appellant exhausted state remedies regarding his current imprisonment as required, nor does it raise any constitutional issues with the 1948 rape conviction and sentence. The Second Circuit affirmed the order denying the writ.

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    United States Ex Rel. Watson v. Martin, 214 F.2d 534, 2d Cir. (1954)

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    The appellant appealed the denial of his application for a writ of habeas corpus challenging a 1948 rape conviction for which he is currently imprisoned. In 1941, the appellant pled guilty to assault and served that sentence until 1945 without appeal. The record does not show that the appellant exhausted state remedies regarding his current imprisonment as required, nor does it raise any constitutional issues with the 1948 rape conviction and sentence. The Second Circuit affirmed the order denying the writ.

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    214 F.

    2d 534

    UNITED STATES ex rel. WATSON,


    v.
    MARTIN.
    No. 273, Docket 23017.

    United States Court of Appeals, Second Circuit.


    Argued June 15, 1954.
    Decided July 1, 1954.

    Nathaniel L. Goldstein, Atty. Gen., of the State of New York, Wendell P.


    Brown, Sol. Gen., Leonardsville, N. Y., Donald L. Jacoby, Asst. Atty.
    Gen., of counsel, for respondent.
    Before SWAN, MEDIAN and HARLAN, Circuit Judges.
    PER CURIAM.

    This is an appeal from an order denying the appellant's application for a writ of
    habeas corpus. In 1941 he was convicted in a state court upon plea of guilty of
    the crime of assault in the second degree and was sentenced to a term of 2 1/2 to
    5 years imprisonment. He took no appeal, served his term and was discharged
    in 1945. In 1948 he was convicted of the crime of rape and sentenced to an
    indeterminate term of not less than 16 years nor more than 20 years. This
    sentence he is now serving at Attica State Prison.

    The order on appeal is correct. The record before us does not disclose that the
    relator exhausted state remedies, as required by 28 U.S.C.A. 2254, nor does it
    raise any constitutional question as to the conviction and sentence under which
    he is now held in confinement. Order affirmed.

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