Whalen v. Frisbie

This is an appeal from the judgment of the District Court denying a petition for writ of habeas corpus on the ground that appellant had not exhausted the remedies available in the state courts of Michigan. Appellant is confined under a sentence of the Circuit Court of Tuscola County, Michigan, where he was tried and found guilty of the crime of breaking and entering in the nighttime, in violation of § 110’, Michigan Penal Code, Comp.Laws 1948, § 750.-110, Mich. Stat.Ann. § 28.305.

The Supreme Court of Michigan on April 14, 1949, denied appellant’s application for writ of habeas corpus and…