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UNITED STATES v. WARDEN OF NEW JERSEY STATE PEN.

No. 10238.

187 F.2d 615 (1951)

UNITED STATES ex rel. AULD v. WARDEN OF NEW JERSEY STATE PENITENTIARY.

United States Court of Appeals Third Circuit.

Decided January 26, 1951.

Attorney(s) appearing for the Case

John L. Morrissey, Camden, N. J., for appellant.

Eugene T. Urbaniak, Trenton, N. J., Mitchell H. Cohen, Camden, N. J. (Theodore D. Parsons, Atty. Gen. of New Jersey, on the brief), for appellee.

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

BIGGS, Chief Judge.

Auld was convicted of first degree murder, without recommendation of mercy, and sentenced to death by the Camden County Court, Criminal Division, New Jersey. The judgment of conviction was reversed for error and he was tried a second time. He was again convicted and sentenced as before and again appealed to the Supreme Court of New Jersey. That Court affirmed the conviction, State v. Auld, 2 N.J. 426,

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