Nos. 14105, 14106.

315 F.2d 232 (1963)

George C. RILEY and Lester Riley v. George F. GOODMAN, Warden and the State of New Jersey. George C. Riley, Appellant in 14105. Lester Riley, Appellant in 14106.

United States Court of Appeals Third Circuit.

April 1, 1963.

Attorney(s) appearing for the Case

Harry R. Hill, Jr., Trenton, N. J., for appellants.

John W. Applegate, Asst. County Pros., Freehold, N. J. (Vincent P. Keuper, Monmouth County Pros., Freehold, N. J., on the brief), for appellee.

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

COHEN, District Judge.

The sole issue in this criminal case is whether appellants were deprived of a fair trial under the due process clause of the Fourteenth Amendment as a result of the trial judge's comments and participation in the interrogation of witnesses.

Appellants are presently confined in the New Jersey State Prison pursuant to sentences imposed upon jury convictions of the crimes of rape on a 17 year old girl and atrocious assault and battery on...

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