William Nay Wood v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas,appellee

HILL, Circuit Judge.

The appellant was convicted by a jury in the state district court of Barton County, Kansas, of burglary, larceny, forgery and two counts of uttering a forged instrument and sentenced to five concurrent thirty year terms under the state habitual criminal statute. On appeal, the Kansas Supreme Court sustained the conviction on two separate occasions, State v. Wood, 190 Kan. 778, 378 P.2d 536 (1963) and 197 Kan. 241, 416 P.2d 729 (Kan.1966). Appellant then sought a writ of habeas corpus in federal district court and was denied relief on the ground that he had not exhausted…