STATE v. COOPER


2 N.J. 540 (1949)

67 A.2d 298

THE STATE OF NEW JERSEY v. RALPH COOPER, COLLIS ENGLISH, McKINLEY FORREST, JOHN MacKENZIE, JAMES H. THORPE AND HORACE WILSON, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 30, 1949.


Attorney(s) appearing for the Case

Messrs. James S. Turp and Robert Queen (Mr. James A. Waldron, attorney) argued the cause for the appellants John MacKenzie and Horace Wilson.

Mr. Frank S. Katzenbach, III, argued the cause for the appellant McKinley Forrest.

Mr. O. John Rogge, of the New York Bar (Messrs. Clarence Talisman, Emanuel H. Bloch and William L. Patterson, the latter two of the New York Bar, and Mr. Earl B. Dickerson, of the Illinois Bar, on the brief; Mr. Solomon Golat, attorney) argued the cause for the appellants Collis English, James H. Thorpe and Ralph Cooper.

Mr. Mario H. Volpe, County Prosecutor (Mr. Frank H. Lawton, First Assistant County Prosecutor, on the brief) argued the cause for the State.


The opinion of the court was delivered by HEHER, J.

All six appellants were sentenced to death upon a verdict of "guilty" rendered by a jury August 6, 1948, upon the trial of an indictment returned in the former Mercer Oyer and Terminer charging murder in the statutory form. R.S. 2:188-11. The accused sued out a writ of error from the old Court of Errors and Appeals, and also appealed; and the cause was brought on for argument before the new Supreme Court pursuant...

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