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PETITION OF BARRY

No. 16429.

388 F.2d 592 (1968)

Petition of Marc BARRY, otherwise known as Marcel Barry Stern, for a Writ of Habeas Corpus. Marcel Barry Stern, Appellant.

United States Court of Appeals Third Circuit.

Decided January 18, 1968.

Attorney(s) appearing for the Case

Joseph D. Maher, Jr., Newark, N. J., for appellant.

S. Philip Klein, Deputy Atty. Gen., Prosecutor's Office, Somerset County, Somerville, N. J. (Michael R. Imbriani, Deputy Atty. Gen., In Charge, Somerset County Prosecutor's Office, Somerville, N. J., for respondent-appellee, The State of New Jersey, on the brief), for appellee.

Before McLAUGHLIN, KALODNER and FREEDMAN, Circuit Judges

OPINION OF THE COURT

KALODNER, Circuit Judge

Marc Barry is now serving consecutive terms in the New Jersey State prison of two to three years on his pleas of guilty to two counts of an indictment charging him with (1) "an act of lewdness or carnal indecency" with a young female, and (2) possession of "obscene and indecent pictures" with "intent to utter and expose" them to others, in violation of N.J.S. 2A:115-1, N.J.S.A. and N.J.S. 2A:115-2, N.J.S.A., respectively...

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