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STATE v. MIDGELEY

28 N.J. Super. 491 (1953)

101 A.2d 51

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIAM MIDGELEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 1, 1953.

Attorney(s) appearing for the Case

Mr. George A. Gray, Assistant Prosecutor of Monmouth County, argued the cause for plaintiff-appellant (Mr. J. Victor Carton, Prosecutor of Monmouth County, attorney; Mr. Gray on the brief).

Mr. William J. O'Hagen argued the cause for defendant-respondent (Messrs. Stout and O'Hagen, attorneys).

Before Judges CLAPP, GOLDMANN and EWART.

The opinion of the court was delivered by GOLDMANN, J.A.D.

On November 29, 1951 the Monmouth County grand jury returned indictment No. 6004 charging defendant Midgeley and two others with the burning of a certain dwelling house of one Aaron Shurman in Long Branch, in violation of R.S. 2:109-1. Other disposition having been made as to the other two defendants, Midgeley was brought to trial on December 15, 1952. A jury was impanelled and sworn and the prosecutor...

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