STATE v. McDONALD


50 N.J. Super. 1 (1958)

141 A.2d 124

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANDREW J. McDONALD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1958.


Attorney(s) appearing for the Case

Mr. Lawrence A. Whipple, Deputy Attorney-General, Acting Prosecutor of Hudson County, submitted the cause for plaintiff-respondent (Mr. Frank J.V. Gimino, Deputy Attorney-General, of counsel and on the brief).

Mr. Andrew J. McDonald submitted, pro se.

Before Judges HANEMAN, PRICE and SCHETTINO.


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

This case is before us upon an order of the Supreme Court, dated January 27, 1958, remanding appellant's petition to us to consider on the merits the application for leave to appeal from a denial of a motion to vacate a sentence and to determine whether or not in fact two separate offenses were committed on the alleged day by appellant.

On April 6, 1954, appellant pleaded non vult to two accusations...

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