State v. Wolak

The opinion of the court was delivered by

Schettino, J.

Appeal is taken from a judgment of conviction of second-degree murder. The trial was the third on the same indictment for murder.

At the first trial defendant was found guilty of first-degree murder with a recommendation. The judgment of conviction was reversed on appeal. State v. Wolak, 26 N. J. 464 (1958). The second trial resulted in a mistrial. Previous to and during the third trial defendant made several motions for dismissal of the indictment on the ground that the third trial would place him in double jeopardy contrary to Art. 1,…