Richard O. Tyson, Appellant, v. Howard Yeager, Warden, New Jersey State Prison Trenton, New Jersey, 404 F.2d 1385 (3d Cir. 1969)Annotate this Case
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.
OPINION OF THE COURT
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.