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UNITED STATES v. STATE OF NEW JERSEY

Nos. 13821, 13822.

323 F.2d 146 (1963)

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

United States Court of Appeals Third Circuit.

Reargued November 21, 1962.

Reargued June 19, 1963.

Decided August 2, 1963.

Attorney(s) appearing for the Case

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

Brendan T. Byrne, County Pros. of Essex County, Newark, N. J. (Peter Murray, Asst. Pros., on the brief), for appellees.

Before BIGGS, Chief Judge, and McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY and SMITH, Circuit Judges.

Reargued En Banc June 19, 1963.

McLAUGHLIN, Circuit Judge.

Appellants were convicted of first degree murder in the Essex County, New Jersey state court and sentenced to life imprisonment. Thereafter they applied to the United States District Court for the District of New Jersey for a writ of habeas corpus.1 This appeal is from the denial of that petition. It is fitting to note that it has been presented by both sides carefully...

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