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UNITED STATES EX REL. MACON v. YEAGER

No. 72-1170.

476 F.2d 613 (1973)

UNITED STATES of America, ex rel. Isiah MACON, Appellant, v. Howard YEAGER, Principal Keeper of the New Jersey State Prison.

United States Court of Appeals, Third Circuit.

Argued on Reconsideration January 17, 1973.

Decided March 30, 1973.

Attorney(s) appearing for the Case

Gary A. Kroop, Stepacoff, Koch & Kroop, Perth Amboy, N. J., for petitioner-appellant.

Terry Philip Green, New Brunswick, N. J., for appellee.

Before ADAMS and GIBBONS, Circuit Judges and LAYTON, District Judge

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this appeal, the petitioner seeks review of a decision by the district court1 denying his application for a writ of habeas corpus. This Court is urged to hold that petitioner's constitutional rights were violated and that error, not harmless in nature, was committed, when at his state trial the prosecutor commented during his summation to...

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