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; | FILED ; MAY 5 - 1965 CARL W. REUSS, Clerk | No: 16077 36. UNITED STATES COURT OF APPEALS a FOR THE SIXTH CIRCUIT SAMUEL H. SHEPPARD, Petitioner-Appellee, | APPEAL from the is U.S. District Court = v. a for the Southern 7 E. L. MAXwELL, Warden, District of Ohio. . Respondent-Appellant. . Decided May 5, 1965. “A. nN Judges. Q’SULLIVAN, Circuit Judge. Appellant, Warden of the Ohio State Penitentiary, appeals from a United States eee District Court order declaring void the 1954 conviction = of petitioner, Dr. Samuel H. Sheppard. J udgment had been ~ ad entered in the Court of Common Pleas of Cuyahoga County, Ohio, upon a jury verdict convicting Sheppard of the second-degree murder of his wife.t Upon his appraisal of trial and pretrial publicity and other matters, the District Judge concluded that Dr. Sheppard did not have a fair trial and was thus deprived of rights guaranteed him by the United States Constitution. His order granted bail to Dr. Sheppard and released him from the Ohio Penitentiary | Before O’SULLIVAN, PHILLIPS and EDWARDS, Circuit —_—_————— 1 Marilyn Sheppard, petitioner's pregnant young wife, was bludgeoned to death in the bedroom of her lakeshore home during the early morning hours of July 4, 1954. Dr. Sheppard told police that he had been wakened from his sleep on @ couch in the downstairs living room by a noise or cry from upstairs, ascended the stairs, and was knocked unconscious ing with an unidentifiable white “fovra” standing next to his wife’s bed. He further stated that upon recovering, he pursued the form out of the house, to be again knocked out while struggling on the shore. The evidence disclosed that Dr. Sheppard had recently been un- faithful to his wife. ; —_——- 4 ix = oo 79 ie] ‘SJ Mo) an) f= 3 m