PRENTICE, Justice.
This is an appeal from the denial of post conviction relief. Defendant (Petitioner) was charged with murder in 1961. A determination of incompetency to stand trial delayed his trial until 1969, at which time he was convicted of First Degree Murder in a trial by jury and was sentenced to death. That conviction was reversed by this Court and the cause remanded for a new trial. Kennedy v. State, (1972) 258 Ind. 211,
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