Richard O. Tyson, Appellant, v. Howard Yeager, Warden, New Jersey State Prison Trenton, New Jersey, 404 F.2d 1385 (3d Cir. 1969)

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U.S. Court of Appeals for the Third Circuit - 404 F.2d 1385 (3d Cir. 1969) Argued January 10, 1969
Decided January 23, 1969

Appeal from the United States District Court for the District of New Jersey; Robert Shaw, Judge.

Bernard Chanin, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellant.

Matthew J. Scola, Asst. Prosecutor of Essex County, Court House, Newark, N. J. (Joseph P. Lordi, County Prosecutor of Essex County, Newark, N. J., on the brief), for appellee.


Before BIGGS, FORMAN and FREEDMAN, Circuit Judges.


Upon hearing and consideration the judgment will be vacated and the cause remanded to the end that there may be raised in the court below by appropriate amendments any issues presented by Griffin v. California, 380 U.S. 609, 85 S. Ct. 1229, 14 L. Ed. 2d 106 (1965), and Jackson v. Denno, 378 U.S. 368, 84 S. Ct. 1774, 12 L. Ed. 2d 908 (1964).

The court below also will be directed to appoint counsel for Tyson.