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State v. Favorito

Decided: May 17, 1935.

THE STATE OF NEW JERSEY, DEFENDANT IN ERROR,
v.
JOHN FAVORITO, PLAINTIFF IN ERROR



On writ of error to the Bergen County Court of Oyer and Terminer.

For the plaintiff in error, Walter B. Winne and Rex B. Altschuler.

For the defendant in error, John J. Breslin, Jr., prosecutor of the pleas.

Trenchard

The opinion of the court was delivered by

TRENCHARD, J. John Favorito, the plaintiff in error (hereinafter called the defendant), was convicted in the Bergen County Court of Oyer and Terminer of murder in the first degree without any recommendation of life imprisonment, on an indictment for the murder of Emil Viborny, and sentence of death was imposed.

The defendant brings up the entire record and specifies causes for reversal and also assigns error on exceptions.

The state's proof was to the effect that the defendant, accompanied by Charles Wiese and William Crum, drove to the gasoline station of the decedent. The defendant and Wiese were both armed with revolvers. They both went in the station and Crum remained outside as a lookout. The defendant ordered the decedent to hold up his hands and then robbed him of $4. The decedent resisted and was shot by the defendant and was hit on the head with the butt of the revolver handled by Wiese; and nine days afterward decedent died as a result of the gunshot wound.

It is not contended that the verdict was against the weight of the evidence, and we now examine the points made in the defendant's brief and argued.

The first point is that the procedure in selecting the jury was "illegal."

The sole basis of this objection is that the court allowed

the prosecutor of the pleas to interrogate the persons summoned as jurors under oath, without requiring the interposition of a challenge, upon matters relating to the ...


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