UNITED STATES v. YEAGER

No. 71-1490.

451 F.2d 164 (1971)

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

United States Court of Appeals, Third Circuit.

Decided August 2, 1971.

Certiorari Denied October 12, 1971.


Attorney(s) appearing for the Case

Edward N. Fitzpatrick, Asst. Prosecutor, Hackensack, N. J., for appellant.

Stephen M. Umin, Williams & Connolly, Washington, D. C., for appellee.

Before GANEY, VAN DUSEN and ALDISERT, Circuit Judges.


Certiorari Denied October 12, 1971. See 92 S.Ct. 112.

OPINION OF THE COURT

PER CURIAM:

This appeal by the state of New Jersey from the grant of a writ of habeas corpus presents a pre-Miranda question whether inculpatory statements of Edgar H. Smith were the voluntary product of a free and unconstrained will.

Following an evidentiary hearing after remand by the United States Supreme Court,1 the district...

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