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UNITED STATES EX REL. DALEY v. YEAGER

No. 17031.

415 F.2d 779 (1969)

UNITED STATES of America ex rel. Herbert James DALEY, Appellant, v. Howard D. YEAGER, Warden, New Jersey State Prison, Trenton, New Jersey.

United States Court of Appeals Third Circuit.

Argued May 1, 1969.

Decided August 11, 1969.

Attorney(s) appearing for the Case

Ralph S. Spritzer, Philadelphia, Pa., for appellant.

Leslie P. Glick, Asst. Prosecutor, Elizabeth, N. J. (Leo Kaplowitz, Union County Prosecutor, Elizabeth, N. J., on the brief), for appellee.

Before BIGGS, FREEDMAN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal challenges a District Court order denying a petition for a writ of habeas corpus. Relator (age 41 in 1963) was tried by a jury in the Superior Court of New Jersey, Union County, in April 1964 on a charge of murder. He was found guilty of murder in the second degree and sentenced on May 14, 1964, to a term of 20 to 24 years' imprisonment. On appeal to the Supreme Court of New Jersey, relator contended...

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