UNITED STATES EX REL. GIBSON v. ZIEGELE

No. 72-1883.

479 F.2d 773 (1973)

UNITED STATES of America ex rel. Thomas Edward GIBSON, Appellant, v. Edward ZIEGELE, Superintendent of Leesburg Prison.

United States Court of Appeals, Third Circuit.

Decided May 22, 1973.


Attorney(s) appearing for the Case

Donald G. Targan, Atlantic City, N. J., for appellant.

Solomon Forman, Asst. County Prosecutor, County of Atlantic, Ernest M. Curtis, Atlantic City, N. J., for appellee.

Before McLAUGHLIN, ROSENN and HUNTER, Circuit Judges.


JAMES HUNTER, III, Circuit Judge.

Thomas Gibson was convicted after his second trial in the criminal courts of Atlantic County, New Jersey of manslaughter in the knifing death of his wife Bessie. Gibson's first trial had ended in a mistrial over his objection when a key prosecution witness became ill during the trial and could not testify. After exhausting his state remedies, appellant filed a petition for a writ of habeas...

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