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IN RE ERNST'S PETITION

No. 13562.

294 F.2d 556 (1961)

Petition of Joseph ERNST for a Writ of Habeas Corpus.

United States Court of Appeals Third Circuit.

Decided August 31, 1961.

Attorney(s) appearing for the Case

Chester Apy, Red Bank, N. J., for appellant.

Norman Heine, Camden, N. J., for appellee.

Before BIGGS, Chief Judge, and HASTIE and FORMAN, Circuit Judges.

HASTIE, Circuit Judge.

A jury in the County Court of Camden County, New Jersey, has convicted the petitioner, Joseph Ernst, of murder in the first degree, without recommendation of life imprisonment. Under such a verdict New Jersey law makes a death sentence mandatory, and the petitioner has been so sentenced. The Supreme Court of New Jersey affirmed the conviction and sentence. State v. Ernst, 1960, 32 N.J. 567, 161...

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