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STATE v. ROYSTER

57 N.J. 472 (1971)

273 A.2d 574

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN WALTER ROYSTER, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 11, 1971.

Attorney(s) appearing for the Case

Mrs. Susan T. Sinins, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Edward R. Rosen, Assistant County Prosecutor, argued the cause for respondent (Mr. Vincent P. Keuper, Monmouth County Prosecutor, attorney; Mr. Elliot L. Katz, Assistant County Prosecutor, on the brief).

The opinion of the Court was delivered by JACOBS, J.

The defendant was convicted of murder in the first degree and was sentenced to death. He appealed to this Court as of right. R. 2:2-1(a)(3).

Mrs. Carmella Rapolla owned and operated a grocery store on Main Street in Matawan. She lived, with her twelve-year-old daughter Marie and her seven-year-old son Joseph, in the rear and above the store. Her other son...

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