Court of Appeals for the Seventh Circuit May 28, 1964, 14444_1 (United States Ex Rel. Henry H. Staples v. Frank J. Pate, Warden, Illinois State Penitentiary, Joliet, Illinois)

DUFFY, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing Staples’ petition for a writ of habeas corpus. The District Court’s findings of fact, conclusions of law and opinion appear at 222 F.Supp. 998.

About 11:30 p. m. on the evening of October 11, 1942, Staples’ wife was killed, death resulting from blows from an axe. About 7:30 a. m., October 12, East St.