Opinion
Argued May 23, 1967 —
Decided October 9, 1967.
Appeal from County Court of Essex County.
Mr. Barry H. Evenchick, Assistant Prosecutor of Essex County, argued the cause for respondent ( Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney).
Mr. Nicholas Conover English argued the cause for appellant ( Mr. Peter W. Tredick on the brief).
Clayton Anderson was indicted and tried with five co-defendants in the Essex County Court for first degree murder. Anderson was found guilty without a recommendation of life imprisonment and was sentenced to death. Upon appeal to this Court the judgment of conviction was reversed and the cause remanded for a new trial. See State v. Blanchard, 44 N.J. 195 (1965). Anderson was thereafter tried by himself on said murder indictment and convicted of murder in the second degree and sentenced to from 21 to 25 years in the State Prison. From this judgment of conviction he now appeals.
We have reviewed the testimony of the retrial and considered defendant's grounds and arguments for reversal. We find no basis to reverse the conviction.
Affirmed.
For affirmance — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, SCHETTINO and HANEMAN — 6.
For reversal — None.