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MODESTO v. NELSON

No. 47770.

296 F.Supp. 1375 (1969)

Lawrence Glenn MODESTO, Petitioner, v. Louis S. NELSON, Warden, Respondent.

United States District Court N. D. California.

February 20, 1969.

Attorney(s) appearing for the Case

Russell E. Parsons, Los Angeles, Cal., Jerome B. Falk, Jr., San Francisco, Cal., for petitioner.

Thomas C. Lynch, Atty. Gen., of the State of California, Edward P. O'Brien, George R. Nock, Deputy Attys. Gen., San Francisco, Cal., for respondent.

ORDER STAYING EXECUTION

ZIRPOLI, District Judge.

The court has before it an application for a stay of execution filed on behalf of a prisoner at San Quentin State Prison. Execution by the administration of lethal gas is scheduled for March 5, 1969.

In his petition for a writ of habeas corpus petitioner alleges, inter alia, deprivations of constitutionally protected rights in that (1) he was sentenced to death upon a jury determination ungoverned...

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