UNITED STATES v. STATE OF NEW JERSEY

No. 14326.

321 F.2d 885 (1963)

UNITED STATES of America ex rel. Joseph RINALDI, Appellant, v. STATE OF NEW JERSEY, Appellee.

United States Court of Appeals Third Circuit.

Decided August 26, 1963.


Attorney(s) appearing for the Case

Joseph A. Rinaldi, pro se. for petitioner.

Brendan T. Byrne, Pros. of Essex County, Peter Murray, Asst. Pros., Newark, N. J., for appellee.

Before KALODNER, STALEY and SMITH, Circuit Judges.


WILLIAM F. SMITH, Circuit Judge.

The appellant was tried and convicted in the Essex County Court of New Jersey, in May of 1959, on each of three counts of an indictment charging respectively: unlawful entry with intent to steal; possession of burglar's tools; and larceny, in violation of N.J.S.A. 2A:94-1, 2A:94-3 and 2A:119-2. He was thereupon sentenced to separate terms of imprisonment as follows: 6 to 7 years on the first count, and 2 to 3 years on each of the second...

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