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UNITED STATES v. McCORKLE

Civ. A. No. 663-54.

133 F.Supp. 169 (1955)

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

United States District Court D. New Jersey.

July 14, 1955.

Attorney(s) appearing for the Case

Harold Alper, Newark, N. J., for applicant. Isadore Glauberman, Jersey, City, N. J., of counsel.

Charles V. Webb, Jr., Newark, N. J., Prosecutor of Essex County, for respondent.

MODARELLI, District Judge.

This is an application by Silvio De Vita for a writ of habeas corpus.1 The determinations in this case also apply to Joseph Grillo. Both men, who are in custody in the New Jersey State Prison, were convicted in a New Jersey state court of murder in the first degree arising out of an armed robbery. Since the jury did not recommend life imprisonment, under the state law2 the convictions...

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