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UNITED STATES EX REL. HART v. DAVENPORT

No. 72-1287.

478 F.2d 203 (1973)

UNITED STATES of America ex rel. George HART, Appellant, v. Frank DAVENPORT, Sheriff of the State of New Jersey of Passaic County, and Howard D. Yeager, Warden, New Jersey Prison.

United States Court of Appeals, Third Circuit.

Submitted January 31, 1973.

Decided April 27, 1973.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender, Herbert I. Waldman, Newark, N. J., for appellant.

Joseph D. J. Gourley, Passaic County Prosecutor, John P. Goceljak, Paterson, N. J., for appellee.

Before STALEY, ALDISERT and GIBBONS, Circuit Judges.

Argued Oct. 19, 1972.

Before STALEY, GIBBONS and ROSEN,* Circuit Judges.

Submitted on Briefs Jan. 31, 1973.

Before STALEY, ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from the denial of a petition for habeas corpus challenging a New Jersey sentence. Appellant Hart was convicted of unlawful possession of lottery slips, N.J.Stat.Ann. §...

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