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AGNELLINO v. STATE OF NEW JERSEY

No. 73-1134.

493 F.2d 714 (1974)

Attilio AGNELLINO, Appellant, v. STATE OF NEW JERSEY and Howard Yeager, Principal Keeper, New Jersey State Prison, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 13, 1974.

Attorney(s) appearing for the Case

Robert I. Ansell, Anschelewitz, Barr, Ansell & Bonello, Asbury Park, N. J., for appellant.

Edward A. MacDuffie, Asst. Pros., Monmouth County, Freehold, N. J., James M. Coleman, Jr., Asbury Park, N. J., and Frederick J. Kalma, Old Bridge, N. J., for appellees.

Before SEITZ, Chief Judge, HUNTER and WEIS, Circuit Judges.

JAMES HUNTER, III, Circuit Judge:

In May of 1970 in the Monmouth County Court of New Jersey, appellant was tried before a jury and convicted on two counts of receiving stolen property in violation of N.J.Stat. 2A:139-1. Appellant unsuccessfully appealed his conviction through the New Jersey courts and the Supreme Court of the United States denied certiorari. Appellant then petitioned the district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241...

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