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OLIVER v. COWAN

No. 73-1474.

487 F.2d 895 (1973)

Maxwell OLIVER, Petitioner-Appellee, v. Henry E. COWAN, Superintendent, etc., Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 1973.

Attorney(s) appearing for the Case

James M. Ringo, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellant. Ed W. Hancock, Atty. Gen. of Ky., G. Edward James, Asst. Atty. Gen., Frankfort, Ky., on brief.

Curtis L. Wilson, Lexington, Ky., (Court-appointed), for petitioner-appellee.

Before EDWARDS and LIVELY, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

This is an appeal from an order granting habeas corpus relief to a prisoner who is serving a life sentence imposed by a jury following a plea of guilty. Upon indictment for willful murder, Maxwell Oliver pled guilty with the assistance of appointed counsel on January 21, 1959. Under Kentucky procedure the jury fixed the punishment in criminal cases and was permitted in this case to decree either death or life imprisonment. On the same day that the jury...

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