355 U.S. 59 - In the Matter of Marshall Lamkin
355 US 59 In the Matter of Marshall Lamkin
355 U.S. 59
78 S.Ct. 137
2 L.Ed.2d 107
In the Matter of Marshall LAMKIN, Petitioner.
No. 275, Misc.
Decided Nov. 18, 1957.
Rehearing Denied Dec. 16, 1957.
See 355 U.S. 908, 78 S.Ct. 335.
Marshall Lamkin, pro se.
Messrs. Will Wilson, Atty. Gen., E. M. DeGeurin and George P. Blackburn, Asst. Attys. Gen., for State of Texas.
PER CURIAM.
Advertisement
The petition for writ of certiorari is denied. The judgment below rests on an adequate state ground since petitioner, in filing his application for habeas corpus in the state court, failed to comply with applicable state procedures. See Fox Film Corp. v. Muller, 1935, 296 U.S. 207, 56 S.Ct. 183, 80 L.Ed. 158. The stay heretofore entered is continued through December 18, 1957, to afford petitioner an opportunity to file with due diligence a proper application for relief in the appropriate state court, and in the event of a final denial of same in the highest court of the state, to renew in this Court an application for writ of certiorari. See Tenner v. Dullea, 1941, 314 U.S. 692, 62 S.Ct. 364, 86 L.Ed. 554.