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YARNAL v. BRIERLEY

No. 71-1870.

468 F.2d 816 (1972)

Robert Virgil YARNAL, C-7764, Appellant, v. Joseph R. BRIERLEY.

United States Court of Appeals, Third Circuit.

Decided October 13, 1972.

Attorney(s) appearing for the Case

John H. Bingler, Jr., Thorp, Reed & Armstrong, Pittsburgh, Pa., for appellant.

W. Thomas Malcolm, Dist. Atty., Indiana, Pa., for appellee.

Before BIGGS, JAMES ROSEN and HUNTER, Circuit Judges.

Submitted on briefs September 11, 1972 Under Third Circuit Rule 12(6).

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

This appeal from the denial of a petition for habeas corpus contends that Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967), requires the granting of the writ because a state trial court unconstitutionally admitted certain testimony in a hearing to determine degree of murder...

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