Jimmy N. Shaver v. O. B. Ellis, Manager Texas Prison System

On the eve of execution under a sentence of death which was affirmed by the Court of Criminal Appeals of Texas, Shaver v. State, 306 S.W.2d 128, 129, certiorari denied 355 U.S. 864, 78 S.Ct. 98, 2 L.Ed.2d 70, Petitioner sought habeas corpus on the ground that another had confessed 1 to the crime. The petition for habeas corpus, presented after denial of habeas corpus by the State Courts, all of the allegations of which we may take as true, states 2 what then occurred. The District Court denied the writ. This Court, not being fully informed, granted a stay of execution pending this hearing.

Peti…