State v. Cole

The opinion of the court was delivered by

Oliphant, Chancellor

On the trial of an indictment for murder in the Essex County Court of Oyer and Terminer, the plaintiffs in error were convicted of murder in the first degree, without recommendation, and were sentenced to death pursuant to the statute, R. S. 2:138-1 and 2:338-4. Another defendant Harris was also convicted of murder in the first degree with a recommendation, but he has not appealed.

The indictment, in the usual statutory form, charged the plaintiffs in error with the killing of one Kudominer and the state offered proof that the…