Stay of execution

CINCINNATI  -  A federal appeals court Tuesday extended   death-row inmate John Byrd Jr.'s stay of execution at least 45 days while a   lower court investigates his claim of innocence .

 The appellate court earlier had halted Byrd's scheduled Sept. 12 execution   for murdering a suburban Cincinnati store clerk 18 years ago. It would have   been Ohio's first electrocution and third execution since 1963 .

 On Sept. 12, the U.S. Supreme Court turned down Ohio's request to allow the   state to move ahead with Byrd's execution .

 Byrd has acknowledged taking part in the robbery, but has denied stabbing   the clerk. Byrd says the stabbing was committed by an accomplice in the   robbery .

 A majority of the court's nine active judges voted Tuesday to order   appointment of a federal magistrate to investigate the evidence .

 The magistrate is to submit a report to the appellate judges within 45 days   of being appointed