UNITED STATES v. McCORKLE

No. 11726.

248 F.2d 1 (1957)

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.

Reargued January 8, 1957.

Decided August 6, 1957.

As Corrected August 16, 1957.

Writ of Certiorari Denied November 12, 1957.


Attorney(s) appearing for the Case

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

C. William Caruso, Newark, N. J. (Charles V. Webb, Jr., County Pros., Essex County, Newark, N. J., on the brief), for respondent.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.


Writ of Certiorari Denied November 12, 1957. See 78 S.Ct. 121.

McLAUGHLIN, Circuit Judge.

The problem here is whether there was fundamental unfairness in appellant's trial. Finally, and very late, it is conceded within this court that the same question was before the state court and that we are bound to decide the appeal on its merits. There remains only the suggestion that since Rosania, the third defendant, received a sentence of life imprisonment the jury...

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