From Casetext: Smarter Legal Research

In re DeVita

Supreme Court of New Jersey
Oct 19, 1953
99 A.2d 589 (N.J. 1953)

Opinion

Argued October 13, 1953 —

Decided October 19, 1953.

Appeal from the Superior Court, Law Division,

Mr. Harry Kay argued the cause for the appellant.

Mr. Edward Gaulkin argued the cause for the respondent ( Mr. C. William Caruso, of counsel).


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


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).

For affirmance — Chief Justice VANDERBILT, and Justices OLIPHANT, WACHENFELD, BURLING, JACOBS and BRENNAN — 6.

For reversal — Justice HEHER — 1.


Summaries of

In re DeVita

Supreme Court of New Jersey
Oct 19, 1953
99 A.2d 589 (N.J. 1953)
Case details for

In re DeVita

Case Details

Full title:IN THE MATTER OF THE APPLICATION OF SILVIO DEVITA FOR A WRIT OF HABEAS…

Court:Supreme Court of New Jersey

Date published: Oct 19, 1953

Citations

99 A.2d 589 (N.J. 1953)
99 A.2d 589

Citing Cases

State v. Rosania

The trial court discharged the writ, In reDeVita, 27 N.J. Super. 101 ( Law Div. 1953), and we affirmed on the…

State v. Grillo

This judgment was affirmed by this court on October 19, 1953. In re De Vita, 13 N.J. 341 (1953), certiorari…