James Clack v. Henry A. Reid, Jr., Sheriff of Calcasieu Parish, Louisiana

COLEMAN, Circuit Judge:

The petitioner-appellant, James Clack, was convicted in the Louisiana State Courts of the possession of marijuana, LSA-R.S. 40:962. The Louisiana Supreme Court affirmed, State v. Clack, 1969, 254 La. 61, 222 So.2d 857. Raising the same issues litigated in that appeal, and before he was transferred from the parish jail to the state penitentiary, Clack applied to the United States District Court for a writ of habeas corpus. Acting on the basis of the record compiled in the state court, Judge Edwin F. Hunter dismissed the petition as amounting to an attempt to prosecute an…