STATE v. OLIVER


37 N.J. Super. 379 (1955)

117 A.2d 404

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK OLIVER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 1955.


Attorney(s) appearing for the Case

Mr. Frank G. Schlosser argued the cause for appellant (Messrs. Mackerley & Friedman, attorneys).

Mr. Vito A. Concilio, Sussex County Prosecutor, argued the cause for respondent.

Before Judges CLAPP, JAYNE and FRANCIS.


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

There are perhaps few disasters that arouse a larger variety of human emotions than the untimely death of a six-year-old school boy who in crossing the highway from the bus to his home is struck down by a passing motor vehicle. Among those natural excitations, profound sympathy and bitter resentment are often in balance.

In the present instance Herman Pruser IV was the six-year-old boy. Frank Oliver was...

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