Richard Lee Davidson and Walter Vernon Thomas v. Warden J. H. Klinger, California Men's Colony, and Warden A. L. Oliver, Folsom Prison

In this habeas proceeding appellants ask a federal court to set aside their state criminal convictions which are still pending on appeal in a state appellate court.

While the federal constitutional question which they present in this federal habeas proceeding may not be available to them on their state appeal, that appeal may result in reversal on some other ground, thereby mooting the federal question.

Moreover, if the federal question is not available to appellants on the pending state appeal, it may be available to them in state post-conviction proceedings instituted after disposition of…