Robert Lowther v. E. L. Maxwell, Warden, Ohio Penitentiary

This appeal is from an order of the District Court denying petitioner-appellant’s petition for a writ of habeas corpus.

Appellant had been convicted by a jury in the Common Pleas Court of Cuyahoga County, Ohio, of first degree murder on Count I of an indictment which charged him with killing Rudolph Kordis in the perpetration of a robbery. He was also convicted of second degree murder on Count II which charged him with killing Kordis with deliberate and premeditated malice. The jury recommended mercy on the first count and he was sentenced to life imprisonment on each count, the sentences to…