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IN RE ELLISOR'S PETITION

Civ. A. No. 9427.

140 F.Supp. 720 (1956)

Matter of Petition of Merle Wayne ELLISOR, for the Writ of Habeas Corpus.

United States District Court S. D. Texas, Houston Division.

April 4, 1956.

Attorney(s) appearing for the Case

C. C. Chessher and Chap B. Cain, Liberty, Tex., and Tom H. Sanders and Joe J. Newman, Houston, Tex., for petitioner.

John Ben Shepperd, Atty. Gen. of Texas, and John A. Wild, Asst. Atty. Gen. of Texas, for respondent.

Dan Walton, Dist. Atty. of Harris County, and Eugene Brady, Asst. Dist. Atty. of Harris County, Houston, Tex., amici curiæ.

KENNERLY, District Judge.

This case arises under and presents questions under the Fourteenth Amendment to the Constitution of the United States, particularly the due process clause of such amendment. Convicted of murder and given the death penalty in the Criminal District Court of Harris County, Texas, Merle Wayne Ellisor (for brevity called Ellisor) was by such court, on the 28th day of October 1955, sentenced to be executed on December 3, 1955. The...

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