Denny Lee Gafford v. Warden, U. S. Penitentiary, Leavenworth, Kansas, and State of Alaska

BREITENS.TEIN, Circuit Judge.

A jury in an Alaska state court found petitioner-appellant guilty of second degree murder. He is now a state prisoner confined on a state charge in the federal penitentiary at Leavenworth, Kansas. His conviction was affirmed by the Alaska Supreme Court and certiorari was denied. See Gafford v. State, Alaska, 440 P.2d 405, cert. denied 393 U.S. 1120, 89 S.Ct. 996, 22 L.Ed.2d 125. His application for post-conviction relief in state court was denied without an evidentiary hearing. In this federal habeas proceeding no question is raised with regard to the exhaustion…