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TYSON v. YEAGER

No. 17138.

404 F.2d 1385 (1969)

Richard O. TYSON, Appellant, v. Howard YEAGER, Warden, New Jersey State Prison Trenton, New Jersey.

United States Court of Appeals Third Circuit.

Decided January 23, 1969.

Attorney(s) appearing for the Case

Bernard Chanin, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellant.

Matthew J. Scola, Asst. Prosecutor of Essex County, Court House, Newark, N. J. (Joseph P. Lordi, County Prosecutor of Essex County, Newark, N. J., on the brief), for appellee.

Before BIGGS, FORMAN and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Upon hearing and consideration the judgment will be vacated and the cause remanded to the end that there may be raised in the court below by appropriate amendments any issues presented by Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965), and Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964).

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