Wayne K. Patterson, Warden v. Charles Ansel Hampton

MURRAH, Chief Judge.

This is an appeal from a judgment after full hearing in a habeas corpus proceedings in which the trial court held that the appellee had been deprived of his constitutional right to a sanity hearing touching his mental capacity to enter a guilty plea to a state charge of assault with intent to commit rape. The case was accordingly continued to permit the st©te to afford the petitioner a hearing within sixty days. Upon failure to do so, the matter was to be reconsidered. The threshold question is whether petitioner had exhausted his state remedies under Rule 35(b), Colorado…