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UNITED STATES v. YEAGER

No. 18136.

428 F.2d 1354 (1970)

UNITED STATES of America ex rel. Robert HARVIN, Appellant, v. Howard D. YEAGER, Warden, New Jersey State Prison.

United States Court of Appeals, Third Circuit.

Decided June 30, 1970.

Attorney(s) appearing for the Case

John D. Schupper, Lowenstein, Sandler, Brochin & Kohl, Newark, N. J., for appellant.

Seymour Wishman, Asst. Prosecutor, Newark, N. J. (Joseph P. Lordi, Essex County Prosecutor, Newark, N. J., Robert L. Podvey, Asst. Prosecutor, on the brief), for appellee.

Before HASTIE, Chief Judge and MARIS and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

Relator was convicted in December 1964 of second degree murder after a jury trial in the Essex County Court in New Jersey and sentenced to imprisonment for a term of 28 to 30 years. On direct appeal, the Supreme Court of New Jersey affirmed the conviction. State v. Harvin, 46 N.J. 151, 215 A.2d 352 (1965). Relator then sought federal habeas corpus...

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