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UNITED STATES v. STATE OF NEW JERSEY

Civ. No. 109-61.

194 F.Supp. 691 (1961)

UNITED STATES of America ex rel. Clarence SMITH and Lee Stanford, Relators v. STATE OF NEW JERSEY and the Principal Keeper of the State Prison at Trenton, New Jersey, and Superintendent of the New Jersey Reformatory at Bordentown, New Jersey, Respondents.

United States District Court D. New Jersey.

June 6, 1961.

Attorney(s) appearing for the Case

Hymen B. Mintz, Newark, N. J., for petitioners.

Brendon T. Byrne, Prosecutor of Essex County, by Sanford M. Jaffe, Sp. Legal Asst. Prosecutor, Newark, N. J., for respondents.

MEANEY, District Judge.

The petitioners herein were found guilty of murder in the first degree after a trial by jury in the County Court for the County of Essex in the State of New Jersey. On January 31, 1959, they were sentenced to life imprisonment.

The judgment of conviction was appealed to the Supreme Court of the State of New Jersey and was affirmed by that court on May 23, 1960. State v. Smith, 32 N.J. 501,

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