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UNITED STATES EX REL. BURT v. STATE OF NEW JERSEY

No. 72-1550.

475 F.2d 234 (1973)

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

United States Court of Appeals, Third Circuit.

Decided March 13, 1973.

Attorney(s) appearing for the Case

George F. Kugler, Jr., Atty. Gen., Trenton, Fred H. Kumpf, Deputy Atty. Gen., Dept. of Law & Public Safety, Division of Criminal Justice, East Orange, N. J., of counsel, for appellant.

Stanley C. Van Ness, Trenton, Arthur Penn, Newark, N. J., of counsel, for appellee.

Before McLAUGHLIN, VAN DUSEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This appeal disputes the granting by the district court, 342 F.Supp. 188, of defendant-appellee Burt's application for a writ of habeas corpus. The writ was allowed because of the use, by the prosecution, of certain non-conduct of Burt to refute the credibility of his testimony. This was held to be such prejudicial error as to void his conviction. Defendant claimed that he had accidentally...

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