YOUNGDAHL, District Judge.
This cause came on for hearing on defendant's motion pursuant to 28 U.S.C. § 2255 to vacate and set aside the sentences imposed upon him in Criminal Cases Nos. 68168 and 68169.
This case has a long history. On July 29, 1941, the defendant was indicted in this court for rape and assault with intent to kill. With Justice Adkins presiding, a jury found defendant guilty on both charges and added the words "with the death penalty...
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