STATE v. MAGONIA


25 N.J. 95 (1957)

135 A.2d 184

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY MAGONIA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 14, 1957.


Attorney(s) appearing for the Case

Mr. Joseph Butt argued the cause for defendant-appellant.

Mr. Frank J.V. Gimino, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Frederick T. Law, Prosecutor).


The opinion of the court was delivered by WEINTRAUB, C.J.

On September 21, 1945 defendant shot and killed Joseph Kozlowski. He was indicted for murder. On October 19, 1945 he entered a plea of not guilty and on March 5, 1946 withdrew it and pleaded non vult. Two weeks later Judge Ziegener (since deceased) sentenced defendant to life imprisonment pursuant to N.J.S. 2A:113-3, which provides that if a plea...

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