UNITED STATES v. STATE OF NEW JERSEY

No. 14104.

322 F.2d 810 (1963)

UNITED STATES of America ex rel. Edgar SMITH, Relator-Appellant, v. STATE OF NEW JERSEY and the Principal Keeper of the State Prison at Trenton, New Jersey, Respondents.

United States Court of Appeals Third Circuit.

Decided July 24, 1963.

Rehearing Denied September 9, 1963.


Attorney(s) appearing for the Case

Stephen F. Lichtenstein, Trenton, N. J., for appellant.

William C. Brudnick, Asst. Prosecutor, Hackensack, N. J. (Guy W. Calissi, Bergen County Prosecutor, Hackensack, N. J., on the brief), for respondents.

Before McLAUGHLIN and GANEY, Circuit Judges, and COHEN, District Judge.


McLAUGHLIN, Circuit Judge.

In this appeal from denial of a petition for habeas corpus by a state prisoner the only question calling for any extended discussion is whether his confession was voluntary.

Appellant categorically states in his brief that his claims regarding the involuntary nature of his statement "* * * are not based upon the use of physical police brutality * * *." He was specifically asked on the witness stand regarding the period during which...

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