The opinion of the court was delivered by BURLING, J.
This is an appeal, pursuant to Article 6, section 5, paragraph 1(c) of the Constitution and Rule 1:2-1(c) of this court, in a capital cause. Appellant was convicted on January 13, 1949, of the first degree murder of Alberta Sharp on September 5, 1948, in the Gloucester County Court. The jury did not recommend life imprisonment and in accordance with the statute, R.S. 2:138-4,...
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