JOHNSON, District Judge.
The petitioner, Caliph Washington, by leave of this Court, filed with this Court on December 3, 1964, his application for a writ of habeas corpus. Petitioner was, and is, presently being held in custody by William C. Holman, Warden of Kilby Prison, State of Alabama, Montgomery, Alabama, under a judgment made and entered by the Tenth Judicial Circuit of Alabama on December 9, 1959. This
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