The opinion of the court was delivered by OLIPHANT, J.
Defendant-appellant was tried and convicted on March 4, 1954, before Judge Speakman and a jury in the Essex County Court, of murder in the first degree without recommendation for life imprisonment. The mandatory death sentence was imposed.
The indictment was in the usual short form, charging, in substance, that on the 22nd day of August, 1952, the defendant did "wilfully, feloniously and of his malice...
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