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STATE v. KOCIOLEK

20 N.J. 92 (1955)

118 A.2d 812

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN JOSEPH KOCIOLEK, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 5, 1955.

Attorney(s) appearing for the Case

Mr. Augustine A. Repetto argued the cause for appellant (Mr. Repetto and Mr. Joseph Lazarow, attorneys).

Mr. David R. Brone argued the cause for respondent (Mr. Lewis P. Scott, Atlantic County Prosecutor, attorney).

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

Defendant appeals from his conviction of murder in the first degree for shooting and killing Walter Edwards on December 27, 1954 while riding with Edwards in the latter's truck on Ocean Heights Avenue, near Mays Landing, Atlantic County. The jury did not recommend life imprisonment, and the mandatory death sentence was imposed.

The defendant sought...

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