David H. JOHNSON, Appellant, v. Marcell GRAHAM, Warden of the Utah State Prison, Appellee, 238 F.2d 782

PER CURIAM. This is an appeal from an order denying a petition for a writ of habeas corpus. Johnson, the applicant for the writ, sought discharge from confinement in the Utah State Prison, under a judgment of conviction for the offense of murder by a state court of Utah.

The only allegation in the petition, with respect to the exhaustion by Johnson of his remedies in the state courts of Utah, reads as follows: “Petitioner .claims that he has exhausted remedy in the courts of the State of Utah.” At the oral argument it was conceded that Johnson had not filed a petition for • certiorari in the Supreme Court of the United States, seeking review of any decision by a Utah court. We conclude that there was no sufficient allegation or showing that Johnson had exhausted his state remedies. It follows that the order below must :be and it is affirmed. . Wild v.

State of Oklahoma, 10 Cir., 187 F.2d 409, 410; Thompson v. Overlade, 7 Cir., 216 F.2d 492, 493.