United States of America Ex Rel. Dennis P. Kelly v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania

OPINION OF THE COURT

STAHL, Circuit Judge.

This is an appeal from an order of the district court dismissing without an evi-dentiary hearing appellant’s petition for a writ of habeas corpus on the ground that state remedies had not been exhausted. The facts relevant to the present appeal are briefly as follows:

On April 28, 1966, while incarcerated in Butler County pending imposition of sentence on charges of issuing worthless checks, appellant, who had pleaded guilty to the charges, escaped from prison. He was arrested on April 29, 1966, in Tona-wanda, New York, as a fugitive from justice and,…