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STATE v. MIDGELEY

15 N.J. 574 (1954)

105 A.2d 844

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

The Supreme Court of New Jersey.

Reargued May 31, 1954.

Decided June 7, 1954.

Attorney(s) appearing for the Case

Mr. William J. O'Hagan argued the cause for appellant (Messrs. Stout and O'Hagan, attorneys; Mr. O'Hagan on the brief).

Mr. George A. Gray argued the cause for respondent (Mr. J. Victor Carton, Monmouth County Prosecutor, attorney; Mr. Gray on the brief).

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

A question is raised here under the double jeopardy provision of the 1947 Constitution, Art. I, par. 11, which reads, "No person shall, after acquittal, be tried for the same offense."

Two indictments are involved. The first charged Midgeley with arson under R.S. 2:109-1 for the burning of the "dwelling house of one Aaron Shurman." He was acquitted thereunder by direction...

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