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STATE v. CHIARELLO

31 N.J. Super. 482 (1954)

107 A.2d 65

STATE OF NEW JERSEY, v. JOSEPH CHIARELLO AND ANGELO COVELLO, DEFENDANTS.

Superior Court of New Jersey, Hudson County Court, Law Division (Criminal).

Decided July 1, 1954.

Attorney(s) appearing for the Case

Mr. Frederick T. Law, Prosecutor of the Pleas, for the State.

Mr. William A. O'Brien, Assistant Prosecutor of the Pleas, of counsel with the State.

Mr. James F. McGovern, Jr., attorney for defendants.

DREWEN, J.C.C.

These defendants were tried by a jury and found guilty of assault and battery. The verdict was rendered expressly under the second count of the indictment, the first count charging atrocious assault and battery. Defendants move to set the verdict aside on the ground (a) that it is against the weight of the evidence and (b) that this court is without jurisdiction to pronounce sentence on the verdict as rendered by reason of the provisions of N.J.S...

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