State v. De Paola

The opinion of the court was delivered by

Wachenteld, J.

The appellant was convicted in the Passaic County Court of murder in the first degree with a recommendation of life imprisonment, from which judgment and sentence he appeals.

The defendant operated a tavern in Paterson and, together with his wife, owned a one-third interest in an inn in Singac. His aunt owned a third interest and the deceased, Alfred Donato, the other third. The inn was operated and managed by Donato and the defendant’s wife.

At about six o’clock in the evening of August 13, 1948, the defendant received a telephone call at…