JOHNSON, District Judge.
The petitioner, Frank Lee Rudolph, by leave of this Court, filed with this Court on June 2, 1964, his application for a writ of habeas corpus. Petitioner was and is presently being held in custody by William C. Holman, Warden, Kilby Prison, State of Alabama, Montgomery, Alabama, under a judgment made and entered by the Tenth Judicial Circuit of Alabama on November 2, 1961. This judgment was entered upon a conviction by a jury for the offense...
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