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MOSS v. JONES

No. 14450.

288 F.2d 342 (1961)

Kelly MOSS, Plaintiff-Appellant, v. William J. JONES, Warden, Kentucky State Penitentiary, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 3, 1961.

Attorney(s) appearing for the Case

Lloyd C. Emery, Paducah, Ky., Emery & Carroll, Paducah, Ky., on the brief, for appellant.

Troy D. Savage, Frankfort, Ky., John B. Breckinridge, Atty. Gen., and Troy D. Savage, Asst. Atty. Gen., for appellee.

Before MILLER, Chief Judge, O'SULLIVAN, Circuit Judge, and THORNTON, District Judge.

THORNTON, District Judge.

Appellant was to be executed January 6, 1961 by the State of Kentucky pursuant to a conviction in the State court. That date was set by executive order of the Governor of Kentucky as the date for appellant's execution. The appellant commenced this action in the District Court by filing a complaint for injunction on January 4, 1961, two days prior to the date set for his execution. He asks that the Federal Court enjoin the State from proceeding...

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