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STATE v. BELTON

60 N.J. 103 (1972)

286 A.2d 78

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES BELTON AND ULYSSES NEIL, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Reargued December 21, 1971.

Decided January 17, 1972.

Attorney(s) appearing for the Case

Mr. Lawrence Weintraub argued the cause for appellant James Belton.

Mr. Peter R. Feehan argued the cause for appellant Ulysses Neil.

Mr. John A. Brogan, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by JACOBS, J.

The defendants Belton and Neil were convicted of murder in the first degree. The jury recommended life imprisonment for Neil and he was sentenced accordingly; the jury made no recommendation as to Belton and he was sentenced to death. N.J.S.A. 2A:113-4. Both defendants appealed to this Court under R.R. 1:2-1(c) — now R. 2:2-1(a) (3).

The defendants entered the Riviera Motor Hotel...

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