UNITED STATES EX REL. DOREY v. STATE OF N. J.

No. 76-2389.

560 F.2d 584 (1977)

UNITED STATES of America ex rel. Arthur DOREY, Petitioner-Appellee, v. STATE OF NEW JERSEY and Ann Klein, Commissioner of Institutions and Agencies and Allen Hoffman, Superintendent of the New Jersey State Prison at Trenton, New Jersey, Respondents-Appellants.

United States Court of Appeals, Third Circuit.

Decided August 8, 1977.


Attorney(s) appearing for the Case

William F. Hyland, Atty. Gen. of N. J., Trenton, N. J., for respondents-appellants; Frederick S. Cohen, Deputy Atty. Gen., Appellate Section, Princeton, N. J., of counsel and on the brief.

Michael Critchley, John P. Roche, Newark, N. J., for petitioner-appellee.

Before WEIS, Circuit Judge, CLARK, Associate Justice, and GARTH, Circuit Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

Defense counsel argued to the jury that petitioner had not participated in a burglary, though conceding that someone had committed the crime. Thereafter, the state trial judge refused to instruct the jury on the elements of breaking and entering and larceny because the facts showing breaking and entering and larceny had been admitted. In the circumstances of this case, we find no reversible constitutional error and...

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