FINDINGS OF FACT AND CONCLUSIONS OF LAW
HAND, Chief Judge.
This death penalty case came before the Court pursuant to a petition for writ of habeas corpus, 28 U.S.C. § 2254, filed by Donald Thigpen. Petitioner was convicted in 1976 of violating Title 14, § 319 Code of Alabama, 1940 (Recompiled 1958). That statute, since repealed, provided for a mandatory sentence of death where an inmate under a sentence of life imprisonment was convicted...
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