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UNITED STATES v. STATE OF NEW JERSEY

Nos. 14833, 14869.

351 F.2d 429 (1965)

UNITED STATES of America ex rel. Anthony RUSSO, Appellant, v. The STATE OF NEW JERSEY and the Principal Keeper of the State Prison at Trenton, New Jersey. UNITED STATES of America ex rel. Frank BISIGNANO, Appellant, v. The STATE OF NEW JERSEY and the Principal Keeper of the State Prison at Trenton, New Jersey.

United States Court of Appeals Third Circuit.

Decided May 20, 1965.

Rehearing Denied October 13, 1965.

Attorney(s) appearing for the Case

Irving I. Vogelman, Jersey City, N. J. (Raymond A. Brown, Jersey City, N. J., on the brief), for appellant-petitioner, Anthony Russo.

Richard F. Plechner, Metuchen, N. J., for appellant Frank Bisignano.

Brendan T. Byrne, County Prosecutor of Essex County, Newark, N. J. (Peter Murray, Barry H. Evenchick, John G. Graham, Asst. County Prosecutors, of counsel and on the brief), for appellees.

Jacques H. Fox, President, District Attorneys' Association of Pennsylvania, Media, Pa., James C. Crumlish, Jr., Dist. Atty. for City and County of Philadelphia, Joseph M. Smith, Asst. Dist. Atty., Philadelphia, Pa., George M. Scott, President National District Attorneys' Ass'n, Minneapolis, Minn., John W. Hayden, Jr., Deputy Atty. Gen., of New Jersey, Criminal Investigation Section, Trenton, N. J., for groups wishing to intervene.

Arthur J. Sills, Atty. Gen. of N. J. (John W. Hayden, Jr., Deputy Atty. Gen. of counsel and on the brief), for State of New Jersey, amicus curiae, on rehearing.

Before BIGGS, Chief Judge, and FORMAN and SMITH, Circuit Judges.

BIGGS, Chief Judge.

These are appeals from denials of writs of habeas corpus by the court below. The petitioners-appellants, Russo and Bisignano, with a co-defendant, LaPierre, were indicted and convicted of murdering a policeman in Newark, New Jersey. The murder was committed while Russo and Bisignano were engaged in the commission of the felony of attempting to rob a tavern. The convictions were affirmed by the Supreme Court of New Jersey, State v. LaPierre,

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