United States of America Ex Rel. William J. Stacey v. Frank J. Pate, Warden, Illinois State Penitentiary

SWYGERT, Circuit Judge.

Petitioner was convicted of murder in the state court and sentenced to imprisonment. After exhausting state remedies, he petitioned the district court to issue a writ of habeas corpus. The court dismissed the petition and this appeal followed.

Since the facts are stated in People v. Stacey, 25 Ill.2d 258, 184 N.E.2d 866 (1962), we shall only summarize them.

Mrs. Darlyne Todd was found stabbed to death in her apartment in Chicago on November 22, 1957. The police found in the apartment a card from a photographic studio saying that her photographer would be there at 10:30…