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IN RE PETITION OF FORCELLA

40 N.J. 309 (1963)

191 A.2d 472

IN THE MATTER OF THE PETITION OF LEO ROBERT FORCELLA FOR A WRIT OF HABEAS CORPUS.

The Supreme Court of New Jersey.

Decided June 3, 1963.

Attorney(s) appearing for the Case

Mr. Lee A. Holley argued the cause for petitioner-appellant (Mr. Frank A. Paglianite, attorney; Mr. Holley, of counsel and on the brief).

Mr. Joseph P. Lordi, First Assistant Prosecutor of Essex County, argued the cause for respondent-respondent, State of New Jersey (Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney; Mr. Peter Murray, Assistant Prosecutor, of counsel and on the brief).

The opinion of the court was delivered

PER CURIAM.

Leo Robert Forcella appeals from an order of the Superior Court, Law Division, dismissing his petition for a writ of habeas corpus. Forcella shot and killed his girl friend, Marion Wetzel, on February 4, 1960. At that time he was on parole after having served 10 years of a 25 to 30-year sentence for killing his wife in 1948. He pleaded non vult to the earlier killing, which, he asserted, occurred...

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