United States of America Ex Rel. Silvio De Vita v. Lloyd W. McCorkle Principal Keeper of the New Jersey State Prison at Trenton, New Jersey

McLAUGHLIN, Circuit Judge.

Petitioner and Joseph Grillo had been convicted in a New Jersey state court of first degree murder arising out of an armed robbery. Since there had been no recommendation for mercy by the jury, under the state law the convictions carried mandatory death sentences. 1 A third participant had also been found guilty of murder but as to him a jury recommendation of mercy had resulted in a life sentence.

On the particular phase of the case with which we are here- concerned there had been an application to the state court for a new trial which had been denied. The state…