Palakiko v. Harper, Warden of Oahu Prison

POPE, Circuit Judge.

We have here the same appellants who were before us at the time of our decision in Palakiko v. Territory of Hawaii, 9 Cir., 188 F.2d 54. That was upon an appeal from the judgment of the Supreme Court of the Territory of Hawaii affirming a judgment of conviction of the appellants of murder in the first degree. After the going down of mandate from this court, the hour for execution of death sentences was fixed at 8 o’clock on the morning of September 22, 1951. On the evening of September 21, 1951, the sister of appellant Palakiko, purporting to act on behalf of the…