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STATE v. HOWLEY

30 N.J. Super. 507 (1954)

105 A.2d 450

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. OSCAR HOWLEY, DEFENDANT-PETITIONER.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1954.

Attorney(s) appearing for the Case

Mr. George Pellettieri argued the motion for defendant.

Mr. Frank H. Lawton argued the motion for the State (Mr. Mario H. Volpe, attorney).

Before Judges CLAPP, FRANCIS and SCHETTINO.

The opinion of the court was delivered by CLAPP, S.J.A.D.

Motion is made for leave to appeal from an order refusing to dismiss an indictment for manslaughter. The indictment is in two counts, charging the defendant with the felonious slaying of two persons, naming one in the first count and the other in the second count; save for this, the two counts are alike in effect. According to the State, the two persons named were in an auto which was struck by a train because...

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