Wally Shelby v. George W. Phend, Warden, Indiana State Prison, Succeeded by Russell E. Lash, Since This Cause Was Initiated

STEVENS, Circuit Judge.

Alcohol, competition for the attention of one Jeannette Reynolds, and other provocations, led to a quarrel between appellant and one Frank Wimsatt in the early morning of October 11, 1964. The “rassle” ended when appellant stabbed Wimsatt to death with a large steak knife. According to a statement appellant gave to the police some 11 hours later, he had voluntarily and promptly called the police himself and explained the circumstances leading up to Wim-satt’s death. Apparently when the police arrived, the knife was still in Wimsatt’s chest “clear up to the handle.”

A…