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In 1959, petitioner was charged with kidnaping in violation of 18 U. S. C. 1201 (a). [1] Since the indictment charged that the victim of

In 1959, petitioner was charged with kidnaping in violation of 18 U. S. C. 1201 (a).[1]Since the indictment charged that the victim of the kidnaping was not liberated unharmed, petitioner faced a maximum penalty of death if the verdict of the jury should so recommend. Petitioner, represented by competent counsel throughout, first elected to plead not guilty. Apparently because the trial judge was unwilling to try the case without a jury, petitioner made no serious attempt to reduce the possibility of a death penalty by waiving a jury trial. Upon learning that his codefendant, who had confessed to the authorities, would plead guilty and be available to testify against him, petitioner changed his plea to guilty. His plea was accepted after the trial judge twice questioned him as to the voluntariness of his plea.[2]

744

*744Petitioner was sentenced to 50 years' imprisonment, later reduced to 30.

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