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CURRAN v. STATE OF DELAWARE

No. 12397.

259 F.2d 707 (1958)

Francis J. CURRAN, Francis J. Maguire and Ira F. Jones, Jr. v. STATE OF DELAWARE, Appellant.

United States Court of Appeals Third Circuit.

Decided September 29, 1958.

Attorney(s) appearing for the Case

Frank O'Donnell, Chief Deputy Atty. Gen., of Delaware (Joseph Donald Craven, Atty. Gen. of Delaware, on the brief), for appellant.

Irving Morris, Wilmington, Del., for appellees.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

The following pertinent facts, succinctly stated by Mr. Chief Justice Southerland land writing for the Supreme Court of Delaware, give much of the background necessary to understand the case at bar:

"At some time after midnight on October 30, 1947 Jean Igle, 23 years old, unmarried, was waiting for a bus near the corner of Fourth and Union Streets in the City of Wilmington. An automobile passed and stopped. * * * [Curran, Jones and Maguire...

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