Adamo v. McCorkle

The opinion of the court was delivered by

Jacobs, J.

The Appellate Division, by a divided vote, reversed the Law Division’s order discharging the writ of habeas corpus which the plaintiff Anthony Adamo had obtained. The appeal to this court was duly taken under Rule 1:2-1(b)—(now R. R. 1:2-1(b)).

On January 23 and 24, 1950 Anthony Adamo was tried on two indictments for assault. The jury found him guilty as charged in both indictments and on February 8, 1950 the State moved for sentence. At that time the trial court made the following pronouncement:

“It is the judgment of this court that this…