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STATE v. ROSANIA

33 N.J. 267 (1960)

163 A.2d 139

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RALPH ROSANIA, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 18, 1960.

Attorney(s) appearing for the Case

Mr. John F. Crane, Assistant Essex County Prosecutor, argued the cause for plaintiff-appellant (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney and of counsel; Mr. Benjamin L. Bendit, Legal Assistant Prosecutor, on the brief).

Mr. Robert J. Jerome argued the cause for defendant-respondent.

The opinion of the court was delivered by HALL, J.

The State appeals from an order of the Essex County Court setting aside the defendant's conviction in 1952 for first-degree murder and granting him a new trial. He had been sentenced to life imprisonment pursuant to the recommendation of the jury. The court below held that a decision of the United States Court of Appeals for the Third Circuit in a federal habeas corpus proceeding which had resulted in the granting...

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