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380 F.

2d 370

James STROWDER, Appellant,

Dr. John P. SHOVLIN, Superintendent, Fairview State
Hospital, Waymart, Pennsylvania.
No. 16387.

United States Court of Appeals Third Circuit.

Submitted May 5, 1967.
Decided June 23, 1967.

James Strowder, pro se.

Dewin J. Martin, Robert W. Duggan, Dist. Atty., Pettsburgh, Pa., for
Before STALEY, Chief Judge, and BIGGS and HASTIE, Circuit Judges.

This is an appeal from the denial of appellant's writ of habeas corpus. The
appellant, James Strowder, is presently confined in the Fairview State Hospital.
He had pleaded guilty to a charge of armed robbery and was sentenced to
imprisonment for not less than eighteen months nor more than five years on
January 4, 1960. He was released on parole in June of 1961, but he was later
apprehended and required to serve the balance of his sentence because of a
parole violation.1 While he was serving the balance of his term, he was ordered
to be committed to the Fairview State Hospital.

Appellants length brief questions the legality of his conviction in 1960 and the
constitutionality of the procedure by which he was committed to the state
hospital. It is clear that he has not exhausted his state remedies with regard to
the commitment proceedings as is required by 28 U.S.C. 2254.2 Cf., Skipper v.
Shovlin, 368 F.2d 954 (C.A. 3, 1966). We, therefore, do not deal with those

His arguments concerning the unconstitutionality of his conviction are not

His arguments concerning the unconstitutionality of his conviction are not

detailed. From the cases cited and the copious quotations appearing in his brief,
appellant appears to question the length of his detention and questioning and
the failure of the police to advise him to remain silent and to permit him to
consult with his family and counsel. The cited cases of Mallory v. United
States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957), and McNabb v.
United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819 (1943), are neither
constitutional in dimension nor are they binding on the States. There is also no
merit in appellant's reliance upon Escobedo v. State of Illinois, 378 U.S. 478,
84 S.Ct. 1758, 12 L.Ed.2d 977 (1964), and Miranda v. State of Arizona, 384
U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Though those cases were not
discussed by the district court, Johnson v. State of New Jersey, 384 U.S. 719,
86 S.Ct. 1772, 16 L.Ed.2d 882 (1966), precludes the application of their
principles to this case.

The judgment of the district court, 272 F.Supp. 271, will be affirmed.

He was arrested on a charge of armed robbery to which he pleaded guilty and

received a suspended sentence

We do not reach the issue of the voluntariness of appellant's confession.

Though the district court discussed this issue, the record indicates that there has
been no exhaustion of state remedies concerning this matter