State v. Tansimore

*520The opinion of the court was delivered by

Wachenfeld, J.

The appellant appeals from a conviction of murder in the first degree. The trial jury not having returned a recommendation of life imprisonment, the death penalty was imposed under the statute.

The fatal shooting occurred on Sandford Avenue in the City of Newark in the early morning of September 4, 1948. The defendant does not deny the shooting of Nettie Waters, which was abundantly proven, but asserts he had no recollection of it and contends if he is guilty of any offense, it is only murder in the second degree or manslaughter.

Buford…