State v. Gallicchio

The opinion of the court was delivered by

Schettino, J.

Defendant, Jerry Galliechio, Jr., indicted and tried for murder, was found guilty of manslaughter. His direct appeal to this Court followed. R. R. 1:2-1(c).

At approximately 10:00-10 :30 p. m., October 7, 1962, Jeffrey Alas, Richard Nayduch, and three others returned to Newark after an automobile trip to New York. Nayduch, desirous of repaying a $15 debt to defendant, had his companions stop at Gallicchio’s home. While Nayduch went inside, the others waited in the car.

Gallicchio was home alone. Nayduch entered Gallicchio’s apartment, which…