STATE v. TUNE


13 N.J. 203 (1953)

98 A.2d 881

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN HENRY TUNE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued June 9, 1953.

Decided June 25, 1953.


Attorney(s) appearing for the Case

Mr. Edward Gaulkin, Essex County Prosecutor, argued the cause for the appellant (Mr. Albert M. Ash, Cape May County Prosecutor; Mr. J. Victor Carton, Monmouth County Prosecutor; Mr. Mitchell H. Cohen, Camden County Prosecutor; Mr. Donald G. Collester, Passaic County Prosecutor; Mr. John D. Collins, Morris County Prosecutor; Mr. E. Milton Hannold, Gloucester County Prosecutor; Mr. Herbert T. Heisel, Jr., Hunterdon County Prosecutor; Mr. Frederick T. Law, Hudson County Prosecutor; Mr. Robert A. Lederer, Ocean County Prosecutor; Mr. H. Russell Morss, Jr., Union County Prosecutor; Mr. Harold T. Parker, Burlington County Prosecutor; Mr. John H. Pursel, Warren County Prosecutor; Mr. Lewis P. Scott, Atlantic County Prosecutor; Mr. William R. Smith, Salem County Prosecutor; Mr. George H. Stanger, Cumberland County Prosecutor; Mr. Harry L. Towe, Deputy Attorney-General, Bergen County; Mr. Mario H. Volpe, Mercer County Prosecutor; Mr. T. Girard Wharton, Somerset County Prosecutor, of counsel; Mr. Alex Eber, Middlesex County Prosecutor; Mr. Adrian B. Hommell, Sussex County Prosecutor; and Mr. Melvin P. Antell, Legal Assistant Prosecutor of Essex County, on the brief).

Mr. Charles Danzig, argued the cause for the respondent (Mr. Edward J. Gilhooly, of counsel).


The opinion of the court was delivered by VANDERBILT, C.J.

On October 7, 1952 the grand jury of Essex County returned an indictment charging the defendant with the murder of William Prather. The body was discovered on August 23, 1952 in the basement of the decedent's home. The defendant was arrested by the police in Newark shortly after noon on the same day and taken to Newark Police Headquarters for questioning. There he made an oral statement to the police, admitting...

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