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In re Application of Silvio Devita

New Jersey Supreme Court


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).

Per Curiam

[13 NJ Page 341]

The judgment is affirmed for the reasons expressed in the opinion of Judge Naughright in the Superior Court, Law Division.

[13 NJ Page 342]

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).

19531019


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