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STATE v. DALEY

45 N.J. 68 (1965)

211 A.2d 354

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HERBERT JAMES DALEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 14, 1965.

Attorney(s) appearing for the Case

Mr. Joseph I. Bedell, attorney, argued the cause for appellant (Mr. Irving M. Hirsh, of counsel, on the brief).

Mr. Leslie P. Glick, Assistant Prosecutor of Union County, argued the cause for respondent (Mr. Leo Kaplowitz, Union County Prosecutor, attorney; Mr. Glick, of counsel, on the brief).

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

Defendant, Herbert Daley, was tried and convicted of murder in the second degree. His appeal to this Court followed as a matter of right. R.R. 1:2-1 (c).

On September 2, 1963 at approximately 6:30 A.M. the body of Lillian Oskutis was found in a parking lot behind Patty's Beauty Shop at 255 Morris Avenue, Elizabeth. She was lying on her back with her legs spread apart about a foot and one-half,...

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