State v. Emery

The opinion of the court was delivered by

Waoheneeld, J.

The Appellate Division affirmed two judgments of conviction entered against defendant in the Morris County Court, and we granted his petition for certification. Both convictions arise out of the circumstances attending an automobile accident in which defendant was involved. The judgments are admittedly based on mutually inconsistent findings of fact.

On the evening of March 3, 1956 Edward Emery attended a party in the company of his brother, John, and a friend, Eugene Wolf. Shortly before 11:00 p. m. the three boys left the party to,…