STATE v. GRILLO


11 N.J. 173 (1952)

93 A.2d 328

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH GRILLO, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SILVIO DE VITA AND JOSEPH GRILLO, DEFENDANTS-APPELLANTS AND RALPH ROSANIA, DEFENDANT.

The Supreme Court of New Jersey.

Decided December 15, 1952.


Attorney(s) appearing for the Case

Mr. George R. Sommer argued the cause for the appellant Joseph Grillo.

Mr. Edward R. McGlynn argued the cause for the appellant Silvio De Vita (Mr. Joseph Weintraub, of counsel, Mr. Brendan T. Byrne, on the brief).

Mr. Edward Gaulkin, Essex County Prosecutor, argued the cause for the respondent (Mr. C. William Caruso, of counsel and on the brief).


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

The appeals before us are brought by two defendants, each of whom was convicted by a jury of murder in the first degree and sentenced to death. The defendants-appellants, Silvio De Vita and Joseph Grillo, together with one Ralph Rosania, were indicted for murder and subsequently were brought to trial together in the Essex County Court, Law Division. The theory of the State...

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