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ROSANIA v. STATE OF NEW JERSEY

No. 13694.

299 F.2d 101 (1962)

Ralph ROSANIA, Appellant, v. The STATE OF NEW JERSEY.

United States Court of Appeals Third Circuit.

Decided February 20, 1962.

Attorney(s) appearing for the Case

Robert J. Jerome, Newark, N. J., for appellant.

Peter Murray, Newark, N. J. (Brendan T. Byrne, County Prosecutor of Essex County, on the brief), Attorney for Appellee, State of New Jersey, Newark, N. J.

Before KALODNER, STALEY and SMITH, Circuit Judges.

PER CURIAM.

Rosania appeals denial of his petition for a writ of habeas corpus, alleging that his murder conviction involved a violation of due process of law. He says that the same reasons we gave in ordering that a writ issue in United States ex rel. DeVita v. McCorkle, 248 F.2d 1 (C.A. 3), cert. denied, 355 U.S. 873, 78 S.Ct. 121, 2 L.Ed.2d 77 (1957), obtain and are controlling here.

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