OPINION
LAYTON, District Judge.
The petitioner, Warner, was arrested and tried in 1965 and convicted of murder in the second degree, and burglary in the fourth degree. After arrest, both Warner and his co-defendant, Jenkins, made statements to the police. At their joint trials, neither defendant testified, but their statements were introduced into evidence with cautionary instructions to the jury that the confession of one defendant was not to be considered...
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