UNITED STATES EX REL. DE VITA v. McCORKLE

No. 11399.

214 F.2d 823 (1954)

UNITED STATES of America ex rel. Silvio DE VITA, appellant, v. Lloyd W. McCORKLE, Principal Keeper of the New Jersey State Prison at Trenton, New Jersey.

United States Court of Appeals, Third Circuit.

Decided August 18, 1954.


Attorney(s) appearing for the Case

Isadore Glauberman, Jersey City, N. J., for appellant.

Maurice J. McKeown, Newark, N. J., for appellee.

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


PER CURIAM.

De Vita, found guilty of murder in connection with an armed robbery in New Jersey, petitioned the court below for a writ of habeas corpus alleging that he had been denied due process of law, as guaranteed by the Fourteenth Amendment, by the State Tribunals. Specifically he alleges that one of the jurors who sat in this case was not an impartial or indifferent person as required by law. He is under sentence of death, to be executed in the week commencing...

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