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STATE v. MAXEY

42 N.J. 62 (1964)

198 A.2d 768

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH WILLIAM MAXEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 16, 1964.

Attorney(s) appearing for the Case

Mr. Ralph DeVita, First Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. H. Douglas Stine, Union County Prosecutor, attorney).

Mr. Stanley Tannenbaum argued the cause for defendant-appellant.

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

The appeal herein concerns the denial by the Union County Court of defendant's motion for correction of an allegedly illegal sentence.

Defendant was indicted on two counts of murder. Each of the two counts concerned a separate and distinct homicide. In that connection the County Court stated:

"One murder * * * involved the killing of a woman by knocking her to the ground and running a heavy automobile...

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