The opinion of the court was delivered by BIGELOW, J.A.D.
The defendant was convicted of an assault with intent to kill, after a trial in which there was no dispute as to the basic facts: Early on Tuesday, July 25, 1950, shortly after midnight, on North Willow Street, Montclair, in front of the home of his sister, Mrs. Mondsini, defendant shot one Nicholas De Falco with an automatic pistol. The bullet passed through his arm and into his abdomen and lodged so close...
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