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UNITED STATES v. YEAGER

No. 16719.

385 F.2d 478 (1967)

UNITED STATES of America ex rel. Alfred M. WOLAK, Appellant, v. Howard A. YEAGER (Warden).

United States Court of Appeals Third Circuit.

Decided November 6, 1967.

Rehearing Denied December 26, 1967.

Attorney(s) appearing for the Case

Alfred M. Wolak, pro se.

John G. Thevos, Prosecutor of Passaic County, Paterson, N. J., (Archibald Kreiger, Asst. Prosecutor, Paterson, N. J., on the brief), for appellee.

Before STALEY, Chief Judge, and MARIS and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This case is before the court on appellant's appeal from the denial of his second writ of habeas corpus filed with the District Court after his 1959 sentence to a term of 25 to 30 years, following the jury's return of a verdict of guilty of second degree murder. The background facts are summarized in the District Court opinion as follows:

"The facts pertinent to this application are that on September 28, 1956, an...

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