Commonwealth of Pennsylvania Ex Rel. George W. Craig v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania

(concurring) :

I join in the denial of the petition for rehearing solely on the ground that the petitioner-appellant failed to exhaust his available remedies in the state court.

In United States ex rel. Campbell v. Rundle, Supt. and Shoemaker, 327 F.2d 153 (1964) this Court said:

“ * * * the court below was without jurisdiction to entertain the suit because of the provisions of Section 2254, Title 28, U.S.C., which provide that a federal court shall not grant the writ of habeas corpus unless it appears that the applicant has exhausted the remedies available in the courts of the State, and that…