James Green v. Howard Yeager, Warden, New Jersey State Prison, Trenton, New Jersey, Appellant, 332 F.2d 794 (3d Cir. 1964)

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US Court of Appeals for the Third Circuit - 332 F.2d 794 (3d Cir. 1964) Argued June 2, 1964
Decided June 19, 1964

Appeal from the United States District Court for the District of New Jersey, D.C., 223 F. Supp. 544; Reynier J. Wortendyke, Jr., District Judge.

Peter Murray, Asst. Pros., Newark, N. J. (Brendan T. Byrne, County Pros. of Essex County, Newark, N. J., on the brief), for appellant.

Alan J. Davis, Philadelphia, Pa. (Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., on the brief), for appellee.

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

PER CURIAM.


Judge Wortendyke has written a careful opinion and we entertain no doubt of the correctness of his decision in the light of Mapp v. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081, 84 A.L.R.2d 933 (1961). He ordered that Green be discharged from custody subject to the right of the State of New Jersey to retain him in its custody under the Essex County indictment for robbery, No. 76060, and to proceed to his timely retrial under that indictment.

The judgment of the court below will be affirmed.