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ADAMO v. McCORKLE

13 N.J. 561 (1953)

100 A.2d 674

ANTHONY ADAMO, PLAINTIFF-RESPONDENT, v. LLOYD W. McCORKLE, ACTING PRINCIPAL KEEPER OF THE NEW JERSEY STATE PRISON AT TRENTON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 23, 1953.

Attorney(s) appearing for the Case

Mr. Paul T. Huckin, Deputy Attorney-General, argued the cause for the appellant (Mr. Harry L. Towe, Deputy Attorney-General of New Jersey, Acting Prosecutor of Bergen County, Attorney).

Mr. Dominick F. Pachella argued the cause for the respondent (Messrs. Pachella and Chary, attorneys).

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

The Appellate Division, by a divided vote, reversed the Law Division's order discharging the writ of habeas corpus which the plaintiff Anthony Adamo had obtained. The appeal to this court was duly taken under Rule 1:2-1(b) — (now R.R. 1:2-1(b)).

On January 23 and 24, 1950 Anthony Adamo was tried on two indictments for assault. The jury found him guilty as charged...

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