State v. Mosley

The opinion of the court was delivered by

Walker, Chancellor.

Andrew Mosley, the plaintiff in error, was convicted of murder in the first degree, in the Essex Oyer and Terminer, without recommendation, for the killing of Edward Tucker, and sentenced to he executed. He sued out a writ of error to this court under section 136 of the Criminal Procedure act. 2 Comp. Stat., p. 1863.

The homicide took place on January 10th, 1933, in a pool room in Newark operated by the deceased. The room was divided by a partition not extending its whole length, and not extending to the ceiling. There were present in…