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STARKWEATHER v. GREENHOLTZ

No. 16245.

267 F.2d 858 (1959)

Charles R. STARKWEATHER, Relator and Plaintiff, Appellant, v. John GREENHOLTZ, Deputy and Acting Warden, Nebraska State Penitentiary, Respondent and Defendant, Appellee.

United States Court of Appeals Eighth Circuit.

Certiorari Denied June 22, 1959.

Attorney(s) appearing for the Case

Herman Ginsburg, D. Nick Caporale and Milton R. Abrahams, Omaha, Neb., (appointed by the Court) for appellant.

Cecil S. Brubaker, Asst. Atty. Gen. of Nebraska, for appellee.

Before WOODROUGH, JOHNSEN and VAN OOSTERHOUT, Circuit Judges.

Certiorari Denied June 22, 1959. See 79 S.Ct. 1442.

PER CURIAM.

Charles R. Starkweather is under sentence of death by the Nebraska courts for first-degree murder. His execution was set for May 22, 1959, at 6 o'clock A.M.

On the morning of May 21, 1959, with obvious, timed planning, there was filed in Starkweather's behalf, in the United States District Court for the District of Nebraska, an application for a writ of habeas corpus and for an order staying...

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