Collins v. Frisbie

■ I am of the opinion that the judgment of the District Court dismissing the application should be affirmed upon the following grounds:

It does not appear “that the applicant has exhausted the remedies available in the courts of the State,” which under § 2254, Title 28, U.S.Code is a necessary condition precedent to the granting of the application in this preceeding. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761; Ex parte Hawk, 321 U.S. 114, 64 S.Ct. 448, 88 *469L.Ed. 572. The statement of the Court in Darr v. Burford, supra, 339 U.S. at page 219, 70 S.Ct. at page 598, that “Nothing…