Decided: October 19, 1953.
IN THE MATTER OF THE APPLICATION OF SILVIO DEVITA FOR A WRIT OF HABEAS CORPUS
On appeal from a judgment of the Superior Court, Law Division, whose opinion is reported at 27 N.J. Super. 101.
For affirmance -- Chief Justice Vanderbilt, and Justices Oliphant, Wachenfeld, Burling, Jacobs and Brennan. For reversal -- Justice Heher. Heher, J. (dissenting).
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The judgment is affirmed for the reasons expressed in the opinion of Judge Naughright in the Superior Court, Law Division.
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HEHER, J. (dissenting).
I would reverse the judgment for the reasons given in my dissent on the prior affirmance of the judgment in this cause. State v. Grillo, 11 N.J. 173 (1952).