LAY, Circuit Judge. The petitioner, James LeRoy Iverson, was found guilty in the Grand Forks County District Court of North Dakota of the strangulation murder of two young women. His conviction was affirmed by the North Dakota Supreme Court. State v. Iverson, 187 N.W.2d 1 (N.D. 1971), cert. denied, 404 U.S. 956, 30 L. Ed. 2d 273, 92 S. Ct. 322. Thereafter petitioner sought and was granted on August 31, 1972, a writ of habeas corpus in the federal district court. 347 F. Supp. 251 (D.N.D. 1972). The State of North Dakota appeals. We reverse and remand with directions.