United States of America Ex Rel. Carl E. Deflumer, Jr. v. Vincent Mancusi, as Warden of Attica State Prison, Attica, New York

This appeal from the dismissal without prejudice by Judge Foley in the Northern District of New York of a petition for a writ of habeas corpus presents the question whether the petitioner should be required to exhaust state remedies as to both of the constitutional claims asserted by his petition. We have concluded that the claims are so related that he should, and we affirm the dismissal without prejudice.

Petitioner, then a boy of fourteen, confessed after being taken into custody by Albany police on March 15, 1947 to the killing of a nine-year-old boy. Indicted for first degree murder, and…