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STATE v. MORALES

111 N.J. Super. 521 (1970)

269 A.2d 530

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSE MORALES, DEFENDANT-APPELLANT, AND LEON D. YATES, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 6, 1970.

Attorney(s) appearing for the Case

Mr. Myles Daitzman, Designated Attorney, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Alfred M. Bitting, Assistant Prosecutor, argued the cause for respondent (Mr. Dominick J. Ferrelli, Burlington County Prosecutor, attorney)

Before Judges KILKENNY, HALPERN and LANE.

The opinion of the court was delivered by LANE, J.A.D.

Defendants were indicted for the manslaughter of Angelo Rye in violation of N.J.S.A. 2A:113-5. The jury found both defendants guilty. The matter is before the court on the appeal of Jose Morales.

The homicide occurred shortly after midnight on October 1, 1968 at Emily's Inn in Easthampton Township, Burlington County. Morales, a married man with seven children, was stationed at Fort Dix awaiting...

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