United States ex rel. Kozicky v. Fay

WATERMAN, Circuit Judge.

This is an appeal from an order of the District Court denying a petition for a writ, of habeas corpus sought by the petitioners on the ground that the judgments of conviction under which they were imprisoned had been obtained by the use of coerced confessions and other unconstitutional methods. The district court denied the petition because of the failure of the petitioners to exhaust their state remedies as required by 28 U.S.C.A. § 2254,1 but authorized them to *521proceed with an appeal in forma pauperis 2 and granted them a certificate of probable cause.3

The facts…