Leslie Irvin v. Alfred F. Dowd, Warden

SCHNACKENBERG, Circuit Judge.

We heretofore, Irvin v. Dowd, 7 Cir.„ 251 F.2d 548, affirmed an order of the district court dismissing a petition for writ of habeas corpus filed by petitioner, who is also referred to herein as “defend*554ant”.1 Subsequently our judgment was reversed and this case was remanded to this court, 359 U.S. 394, 79 S.Ct. 825, 3 L.Ed. 900. The federal Supreme Court held, 359 U.S. at page 405, 79 S.Ct. 825, that the state Supreme Court decided petitioner’s federal constitutional claim. In remanding, 359 U.S. at page 407, 79 S.Ct. 825, the court left it to us to decide the…