FAIRCHILD, Circuit Judge.
This is an appeal by the state custodian from a judgment granting habeas relief to a prisoner.
An Indiana jury found Kelsie guilty of second degree murder. The statutory penalty was either life imprisonment or imprisonment for not less than fifteen nor more than twenty-five years. Ind.Code § 35-1-54-1 (1976). Another Indiana statute provided that, with certain exceptions, when a defendant is found guilty, the jury must...
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