District Court, D. Rhode Island November 26, 1969, Civ. A. No. 4181 (Bishop v. Sharkey)

OPINION •

PETTINE, District Judge.

This is a petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. The petitioner is presently incarcerated under the control of the defendant warden pursuant to a judgment of the Rhode Island state courts. The court accepts as true the petitioner’s factual allegations. There is no question that the petitioner has exhausted available state remedies.