DANAHER, Circuit Judge.
On April 22, 1955, appellant, after a second trial, was sentenced to death by electrocution. He had been convicted on four counts of an indictment, the first count of which charged that on July 5, 1953, appellant "purposely and with deliberate and premeditated malice murdered Alyce O. Taggart by means of striking her about the head and body with a blunt instrument." The second count charged commission of the murder "purposely" while in the...
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