(dissenting).
I had supposed that a person held in custody pursuant to the judgment of a state court who sought habeas corpus in a federal court had the burden of affirmatively showing, in the district court, that he had exhausted remedies available in the state courts. I do not think that this burden is met by the submission of papers to this Court which the district court had not seen. I do not think that relief from meeting this burden of proof can be had by a recital in a brief filed *316with this Court even though the state has not challenged the recital. I do not think we should ignore the procedural requirements. I do not think we should put the district court in error where it has made a correct decision upon the record before it. I would affirm the district court’s judgment. I respectfully dissent.