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UNITED STATES v. STATE OF NEW JERSEY

No. 71-1147.

474 F.2d 694 (1972)

UNITED STATES of America ex rel. Fleming WOODARD, Appellee, v. STATE OF NEW JERSEY and Howard Yeager, the Principal Keeper of the State Prison at Trenton, New Jersey State of New Jersey, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 6, 1972.

Certiorari Denied October 10, 1972.

Attorney(s) appearing for the Case

David S. Baime, Asst. Prosecutor, Newark, N. J., for appellant.

Susan T. Sinis, Asst. Deputy Public Defender, Newark, N. J., for appellee.

Before HASTIE and MAX ROSENN, Circuit Judges, and McCUNE, District Judge.

Certiorari Denied October 10, 1972. See 93 S.Ct. 121.

OPINION OF THE COURT

PER CURIAM:

This is an appeal by the State of New Jersey from an order of the District Court for the District of New Jersey granting a writ of habeas corpus to Fleming Woodard, a state prisoner who is confined pursuant to a conviction of armed robbery.

An in court identification of the accused by Mrs. Almodovar, the victim of the robbery, was a major part of the prosecution...

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