James Green v. Howard Yeager, Warden, New Jersey State Prison, Trenton, New Jersey

332 F.2d 794, 1964 U.S. App. LEXIS 4983

Opinion

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. 760-60, and to proceed to his timely retrial under that indictment.

The judgment of the court below will be affirmed.