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STATE v. FORCELLA

35 N.J. 168 (1961)

171 A.2d 649

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEO ROBERT FORCELLA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 5, 1961.

Attorney(s) appearing for the Case

Mr. George R. Sommer argued the cause for defendant-appellant (Mr. Vincent J. Commisa, of counsel).

Mr. Joseph P. Lordi, First Assistant Prosecutor of Essex County, argued the cause for plaintiff-appellant (Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney; Mr. Sanford M. Jaffe, Legal Assistant Prosecutor of Essex County, of counsel and on the brief).

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

Defendant, Leo Robert Forcella, was convicted of murder in the first degree without a recommendation. He appealed as a matter of right. R.R. 1:2-1 (c).

On February 4, 1960, at approximately 9:15 P.M., defendant shot Marion Wetzel to death in the Hollywood Garden Tavern in Newark partly owned and operated by her. Forcella and Marion Wetzel had become romantically involved and at one time planned...

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