DYER, Circuit Judge:
Curry seeks habeas relief claiming that he was indicted by a grand jury which unconstitutionally excluded non-freeholders and that his Sixth and Fourteenth Amendment rights were violated when his death sentence was commuted by the governor to life imprisonment. The district court dismissed the complaint. We decline to reach Curry's first contention, reject his second and reverse and remand.
Curry was convicted of murder with malice and...
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