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SCHABER v. MAXWELL

No. 15960.

5 Ohio Misc. 81 (1965)

SCHABER, APPELLANT, v. MAXWELL, WARDEN, APPELLEE.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1965.

Attorney(s) appearing for the Case

Mr. William J. Abraham and Mr. David K. Purkey, for appellant.

Mr. Joseph J. Jan, chief assistant prosecuting attorney, Mr. William B. Saxbe, attorney general, Mr. William C. Baird and Mr. John Cianflona, assistant attorneys general, and Mr. Harry Fridberg, prosecuting attorney, for appellee.

Before PHILLIPS and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PHILLIPS, Circuit Judge.

Petitioner was sentenced to death by electrocution, after having been found guilty on two counts charging him with murder in the first degree and murder in the first degree in perpetration of a robbery.1 He is now confined in the Ohio State Penitentiary at Columbus, awaiting electrocution.

Execution has been stayed by this court pending appeal from the denial...

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