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HOLLEY v. YEAGER

No. 15498.

362 F.2d 1013 (1966)

Sylvester Mark HOLLEY, v. Howard D. YEAGER, Warden of the New Jersey State Prison, Appellant.

United States Court of Appeals Third Circuit.

Decided July 21, 1966.

Attorney(s) appearing for the Case

John G. Graham, Asst. Prosecutor, Newark, N. J. (Brendan T. Byrne, County Prosecutor of Essex County, Newark, N. J., on the brief), for appellant.

Thomas C. Jamieson, Jr., Trenton, N. J., for appellee.

Before McLAUGHLIN, GANEY and FREEDMAN, Circuit Judges.

PER CURIAM.

This is an appeal from the judgment of the District Court allowing a writ of habeas corpus to a state prisoner who had been convicted of murder on April 8, 1960. The trial judge, as he was bound to do, granted the writ on the authority of United States ex rel. Russo v. State of New Jersey, 351 F.2d 429 (3 Cir. 1965) which applied the rule in Escobedo v. State of Illinois, 378 U.S. 478, 84...

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