BROOKS, Circuit Judge.
This is an appeal by the respondent-appellant, H. J. Cardwell, Warden, Ohio Penitentiary, who has custody of John Elmer Woodards, petitioner-appellee, a convicted murderer, who, following an evidentiary hearing in the District Court, has been granted a writ of habeas corpus.
In 1963 petitioner was convicted of first degree murder of a woman 83 years of age. The jury verdict was without a recommendation of mercy and under Ohio law, Ohio...
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