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McMILLAN v. STATE OF NEW JERSEY

No. 17145.

408 F.2d 1375 (1969)

Herman L. McMILLAN, Appellant, v. STATE OF NEW JERSEY.

United States Court of Appeals Third Circuit.

Decided April 7, 1969.

Attorney(s) appearing for the Case

Herman L. McMillan, pro se.

Vincent Panaro, Edward J. Phelan, Trenton, N. J., for appellee.

Before VAN DUSEN, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal is from an order of March 3, 1967, in which the District Court of New Jersey denied petitioner-appellant a writ of habeas corpus.

Petitioner was convicted by a jury on three indictments charging him with rape, assault with an offensive weapon, and assault with intent to rob. In July 1959, he was given consecutive sentences of 25 to 30 years, 2 to...

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