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UNITED STATES EX REL. JOHNSON v. YEAGER

Nos. 16307, 16308.

399 F.2d 508 (1968)

UNITED STATES of America ex rel. Sylvester JOHNSON and Stanley Cassidy v. Howard YEAGER, Principal Keeper of the New Jersey State Prison. Sylvester Johnson, Appellant in No. 16307. Stanley Cassidy, Appellant in No. 16308.

United States Court of Appeals Third Circuit.

Reargued August 1, 1968.

Decided August 23, 1968.

Certiorari Denied January 13, 1969.

Attorney(s) appearing for the Case

Stanford Shmukler, Curtis R. Reitz, Philadelphia, Pa., for appellants.

Rudolph J. Rossetti, Asst. Prosecutor, County of Camden, N. J. (A. Donald Bigley, Camden County Prosecutor, on the brief), for appellee.

Before HASTIE, Chief Judge, and FREEDMAN and VAN DUSEN, Circuit Judges.

Certiorari Denied January 13, 1969. See 89 S.Ct. 620.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case is before the court on appeal from a November 22, 1966, District Court order denying a petition for a writ of habeas corpus filed by appellants (two New Jersey state prisoners under sentence of death for first degree murder). We have concluded that, due to the admission of the confessions of all...

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