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STATE v. SPAGNOLA

48 N.J. 326 (1966)

225 A.2d 348

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RALPH SPAGNOLA, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 19, 1966.

Attorney(s) appearing for the Case

Mr. Barry H. Evenchick, Assistant Prosecutor, argued the cause for appellant (Mr. Evenchick, on the brief; Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney).

Mr. George R. Sommer argued the cause for respondent.

The opinion of the court was delivered

PER CURIAM.

The Appellate Division granted the State's application to appeal from a judgment entered on a finding of acquittal by a trial court after it had originally made a finding of guilty and after argument was had on a motion for a new trial. While the appeal was pending, we granted certification on the State's motion. The State seeks a reversal and a remand directing the trial judge to decide the motion for a ...

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