United States v. Joseph C. Frady

ON SUGGESTION FOR REHEARING EN BANC

Decided Without Oral Argument

MacKINNON, Circuit Judge,

(Statement in support of his suggestion for rehearing en banc):

Following Frady’s conviction of first degree murder and robbery the trial judge sentenced him on December 6, 1963 “to the punishment of death by electrocution” on the first degree murder count and to imprisonment for five to fifteen years on the robbery count. Tr., December 6, 1963, 5. The judgment of the court set the “7th day of February A.D. 1964” as the date for electrocution. The nature of the sentences did not call for adjudging the…