In re DeVita

Full title: IN THE MATTER OF THE APPLICATION OF SILVIO DEVITA FOR A WRIT OF HABEAS…

Court: Supreme Court of New Jersey

Date published: Oct 19, 1953

99 A.2d 589 (N.J. 1953)

99 A.2d 589

Opinion

Argued October 13, 1953 —

Decided October 19, 1953.

Appeal from the Superior Court, Law Division,

Mr. Harry Kay argued the cause for the appellant.

Mr. Edward Gaulkin argued the cause for the respondent ( Mr. C. William Caruso, of counsel).

PER CURIAM.

The judgment is affirmed for the reasons expressed in the opinion of Judge Naughright in the Superior Court, Law Division.

HEHER, J. (dissenting).

I would reverse the judgment for the reasons given in my dissent on the prior affirmance of the judgment in this cause. State v. Grillo, 11 N.J. 173 (1952).

For affirmance — Chief Justice VANDERBILT, and Justices OLIPHANT, WACHENFELD, BURLING, JACOBS and BRENNAN — 6.

For reversal — Justice HEHER — 1.