BRYAN, Circuit Judge.
E. L. Bracken was convicted in 1927 of the crime of assault with intent to commit murder. In October, 1928, after his conviction had been affirmed on appeal, and while he was being held in the county jail at Garza, Tex., awaiting removal to the state penitentiary in order that the sentence imposed upon him might be put into execution, he was shot and killed by a deputy sheriff named Ramsay who was acting as jailer. His widow and minor children...
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