LEWIS, Circuit Judge.
This is an appeal taken on behalf of appellant Warden of the Oklahoma State Penitentiary, from an order and judgment granting relief to Goodwin, a state prisoner, on his petition for habeas corpus filed in the United States District Court for the Eastern District of Oklahoma. Similar relief had earlier been denied to Goodwin by the Court of Criminal Appeals of Oklahoma after an evidentiary hearing. Goodwin v. Page,
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