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STATE v. WOLAK

33 N.J. 399 (1960)

165 A.2d 174

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALFRED M. WOLAK, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 7, 1960.

Attorney(s) appearing for the Case

Mr. Mitchel F. Donato argued the cause for defendant-appellant (Mr. Jacob L. Bernstein, of counsel; Mr. Sam Weiss, on the brief).

Mr. Archibald Kreiger, Legal Assistant to the Prosecutor, argued the cause for plaintiff-respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney).

The opinion of the court was delivered by SCHETTINO, J.

Appeal is taken from a judgment of conviction of second-degree murder. The trial was the third on the same indictment for murder.

At the first trial defendant was found guilty of first-degree murder with a recommendation. The judgment of conviction was reversed on appeal. State v. Wolak, 26 N.J. 464 (1958). The second trial resulted in a mistrial. Previous to and...

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