January 23, 1969
RICHARD O. TYSON, APPELLANT,
HOWARD YEAGER, WARDEN, NEW JERSEY STATE PRISON TRENTON, NEW JERSEY.
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.
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