United States of America, Ex Rel. Isiah MacOn v. Howard Yeager, Principal Keeper of the New Jersey State Prison

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this appeal, the petitioner seeks review of a decision by the district court 1 denying his application for a writ of habeas corpus. This Court is urged to hold that petitioner’s constitutional rights were violated and that error, not harmless in nature, was committed, when at his state trial, the prosecutor commented during his summation to the jury the petitioner consulted an attorney the day after the alleged crime was committed and suggested that from this the jury should question the innocence of petitioner.

Petitioner, Isiah Macon, was convicted…