“ To this, some courts have added the intimation that when the writ is sought by one held under a state conviction the only remedy ordinarily to be had in the federal court is by way of application to this Court for habeas corpus. ”

“ Until that remedy has been sought without avail we cannot say that petitioner's state remedies have been exhausted.
Ordinarily an application for habeas corpus by one detained under a state court judgment of conviction for crime will be entertained by a federal court only after all state remedies available, including all appellate remedies in the state courts and in this Court by appeal or writ of certiorari, have been exhausted. ”

“ This case comes here on petitioner's application for leave to file in this Court his petition for writ of habeas corpus. Petitioner is confined in the Nebraska State Penitentiary under sentence for murder imposed by the Nebraska District Court. ”