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ELLIOTT v. COMMONWEALTH OF KENTUCKY

No. 466.

45 F.Supp. 902 (1942)

ELLIOTT v. COMMONWEALTH OF KENTUCKY et al.

District Court, W. D. Kentucky, at Louisville.

July 22, 1942.

Attorney(s) appearing for the Case

Zeb A. Stewart, of Corbin, Ky., for petitioner.

Hubert Meredith, Atty. Gen., Wm F. Neill, Asst. Atty. Gen., and J. B. Johnson and T. E. Mahan, both of Williamsburg, Ky., for respondents.

MILLER, District Judge.

The petitioner, William Elliott, filed his application herein for a writ of habeas corpus under the provisions of Sections 452 and 453, Title 28 U.S.C.A.

The petition sets out that the petitioner was indicted for murder at the January, 1941, term of the Whitley Circuit Court of Kentucky, was tried by a jury, found guilty and sentenced to death, but that by reason of certain facts, hereinafter referred to, his conviction and sentence...

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