James Conway v. Lawrence E. Wilson, Warden, San Quentin State Prison, and Kenneth N. Hastins, Attorney at Law

The appellant is a prisoner confined in the California State Prison under a sentence imposed upon him by a Superior Court of California after conviction under an indictment charging two counts of robbery of the first degree. He was sentenced March 10, 1952, took no appeal, but on November 2, 1964 he filed in the Superior Court of the County wherein the prison is situated a petition for the writ of habeas corpus. The petition was denied. On November 16, he filed a substantially identical petition for the writ of habeas corpus in the Supreme Court of the State of California. It also was denied on December 17, 1964. On January 13, 1965, petitioner filed in the court below a petition for the writ of habeas corpus directed to the Warden of the State penitentiary seeking release at the hands of the federal court. After hearing upon the question which was raised in the court below, as to whether the appellant, as petitioner, had exhausted his state remedy, presently available to him, prior to the commencement of proceedings in the federal court, the court found and concluded that appellant had not fairly and clearly presented to the state courts any federal constitutional question sought…