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UNITED STATES v. McCORKLE

No. 11399.

216 F.2d 743 (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, Respondent.

United States Court of Appeals Third Circuit.

Decided November 19, 1954.

Attorney(s) appearing for the Case

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

Charles V. Webb, Jr., Newark, N. J., C. William Caruso, Newark, N. J., on the brief, for respondent.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Petitioner and Joseph Grillo had been convicted in a New Jersey state court of first degree murder arising out of an armed robbery. Since there had been no recommendation for mercy by the jury, under the state law the convictions carried mandatory death sentences.1 A third participant had also been found guilty of murder but as to him a jury recommendation of mercy had resulted in a life sentence.

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