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UNITED STATES EX REL. SMITH v. YEAGER

Civ. No. 766-65.

336 F.Supp. 1287 (1971)

UNITED STATES of America ex rel. Edgar H. SMITH v. Howard YEAGER, Warden, New Jersey State Prison, Trenton.

United States District Court, D. New Jersey.

May 13, 1971.

Attorney(s) appearing for the Case

Steven M. Umin, David N. Webster, (of Williams & Connolly, Washington, D. C., for petitioner.

Stephen F. Lichtenstein, Trenton, N. J., of counsel.

Robert Dilts, Bergen County Prosecutor, Edward N. Fitzpatrick, Hackensack, N. J., Harold N. Springstead, Dumont, N. J., on the brief, for respondent Yeager.

OPINION and ORDER

GIBBONS, Circuit Judge.*

Petitioner Edgar Smith is before the court seeking a writ of habeas corpus. His petition was filed in 1965. He is confined in the New Jersey State Prison at Trenton awaiting the execution of a death sentence imposed by the Bergen County Court on June 4, 1957, after a jury trial for murder. Since that time petitioner has sought unsuccessfully to have the conviction set aside.

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