Hysler v. State

— The petitioner, Clyde Hysler, was tried ' and convicted of murder in the first degree in April, 1937. That judgment and conviction was affirmed by this Court February 3, 1938; petition for rehearing was subsequently denied and the date of his execution was set by the Governor for the week beginning February 20, 1939.

He now applies for a stay order and a writ of habeas corpus to withhold the execution of the death penalty because (1) he was convicted as principal in the second degree and the principal in the first degree has not been convicted and his conviction affirmed by this Court, and…