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UNITED STATES v. STATE OF NEW JERSEY

Civ. A. Nos. 1027-59, 1028-59.

201 F.Supp. 272 (1962)

UNITED STATES of America ex rel. Edgar SMITH, Relator, v. STATE of NEW JERSEY and the Principal Keeper of the State Prison at Trenton, New Jersey, Respondents.

United States District Court D. New Jersey.

January 18, 1962.

Attorney(s) appearing for the Case

William Richter, New York Bar, New York City, for relator; Robert W. Hicks, Washington, D. C. Bar, of counsel.

Guy W. Calissi, Bergen County Pros., Hackensack, N. J., William C. Brudnick, Sp. Asst. Pros., Hackensack, N. J., for respondents.

LANE, District Judge.

Petitioner Edgar Smith was convicted of murder in the first degree in the Bergen County Court. As the jury rendered its verdict without a recommendation for life imprisonment, the mandatory death sentence followed. On appeal to the New Jersey Supreme Court, a unanimous court affirmed the conviction. State v. Smith, 27 N.J. 433, 142 A.2d 890 (1958). Petitioner subsequently filed...

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