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STATE v. WOLF

46 N.J. 301 (1966)

216 A.2d 586

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RUSSELL WOLF, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 24, 1966.

Attorney(s) appearing for the Case

Mr. Alvin S. Michaelson, Assistant Prosecutor of Hudson County, argued the cause for appellant (Mr. James A. Tumulty, Jr., Prosecutor of Hudson County, attorney).

Mr. Albert J. Shea argued the cause for respondent.

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

Defendant Wolf was convicted of murder in the first degree with a jury recommendation of life imprisonment. On appeal this Court reversed the judgment for trial errors and remanded the case for retrial. State v. Wolf, 44 N.J. 176 (1965). Thereafter at a pretrial conference the County Court ruled that by reason of the verdict at the first trial the State was barred from seeking...

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