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STATE v. BUNK

4 N.J. 461 (1950)

73 A.2d 249

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FREDERICK BUNK, ROBERT JELLISON AND CLARENCE SMITH, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 24, 1950.

Attorney(s) appearing for the Case

Mr. Edward J. Gilhooly argued the cause for the appellant Bunk, Mr. James L. McKenna, attorney.

Mr. Louis Auerbacher, Jr., argued the cause for the appellant Jellison.

Mr. Edward J. Gilhooly argued the cause for the appellant Smith.

Mr. Duane E. Minard, Jr., argued the cause for the State, Mr. James R. Giuliano and Mr. C. William Caruso on the brief.

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

This is defendants' appeal, by virtue of the Constitution, Art. VI, § V, par. 1(c) and Rule 1:2-1(c), from a judgment entered in the Essex County Court following their conviction by a jury of murder in the first degree without recommendation. The Court, as it was required to do, imposed the death sentence.

The jury, from the evidence adduced, could have found the following facts...

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