State v. Baldwin

The opinion of the court was delivered by

Weintraub, C. J.

David Guy Baldwin was convicted of the murder in the first degree of Anthony Scannella and was sentenced to life imprisonment pursuant to the jury’s recommendation. He appealed directly to us. R. R. 1:2-1 (c). Before argument, the matter was remanded to the trial court to permit a motion for a new trial based upon recanting by a State’s witness. That motion was denied, and the order thereon is before us with the main appeal.

Defendant, Scannella (the deceased), Joseph La Macchio and Louis Tuccillo, were jointly indicted for robbery.…