UNITED STATES EX REL. FOURNIER v. PINTO

Nos. 17499, 17500.

408 F.2d 539 (1969)

UNITED STATES of America ex rel. Joseph John FOURNIER v. Warren PINTO, Appellant. UNITED STATES of America ex rel. John SCHLATTER v. The STATE OF NEW JERSEY and Howard Yeager, Principal Keeper, New Jersey State Prison, Trenton, New Jersey, Appellants.

United States Court of Appeals Third Circuit.

Decided February 11, 1969.


Attorney(s) appearing for the Case

Victor Librizzi, Jr., Deputy Atty. Gen., Dept. of Law and Public Safety, Trenton, N. J., for appellants.

Walter J. Fessler, Lum, Biunno & Tompkins, Geoffrey Gaulkin, Frohling & Gaulkin, Newark, N. J., for appellees.

Before HASTIE, Chief Judge, and SEITZ and ALDISERT, Circuit Judges.


OPINION OF THE COURT

HASTIE, Chief Judge.

The state of New Jersey has taken this appeal from a judgment of the District Court for the District of New Jersey granting habeas corpus to two state prisoners who are serving long prison terms pursuant to their joint trial and conviction by a jury on a charge of armed robbery.

The critical issue in this case was litigated in the state courts on direct appeal. It was contended there that during the trial...

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