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IN RE DE VITA

27 N.J. Super. 101 (1953)

98 A.2d 716

IN THE MATTER OF THE APPLICATION OF SILVIO DE VITA FOR WRIT OF HABEAS CORPUS.

Superior Court of New Jersey, Law Division.

Decided July 14, 1953.

Attorney(s) appearing for the Case

Mr. Harry Kay, attorney for the petitioner.

Mr. Edward Gaulkin, County Prosecutor (Mr. James R. Giuliano, First Assistant Prosecutor, appearing; Mr. Melvin P. Antell, Legal Assistant Prosecutor, on the brief).

NAUGHRIGHT, J.C.C.

The petitioner, Silvio De Vita, was convicted of the crime of murder in the first degree in the Essex County Court on March 8, 1952. On March 12 of the same year he was sentenced to suffer the punishment of death.

Petitioner subsequently appealed the judgment of conviction directly to the Supreme Court of New Jersey. On December 15, 1952 that court affirmed the judgment of conviction. State...

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