State v. Barone
| Decision Date | 23 August 1921 |
| Citation | State v. Barone, 96 N.J.L. 374, 114 A. 809 (N.J. 1921) |
| Court | New Jersey Supreme Court |
| Parties | THE STATE, RESPONDENT, v. ANTONIO BARONE, DEFENDANT |
(Syllabus by the Court.)
Certiorari to Court of Oyer and Terminer, Essex County.
Antonio Barone was convicted of murder in the first degree, with punishment for imprisonment for life, and from an order of the court of oyer and terminer, refusing to admit the defendant to bail pending a hearing by the Court of Errors and Appeals of a writ of error to review his conviction, he brings certiorari.Writ dismissed.
Argued June term, 1921, before TRENCHARD, BERGEN, and MINTURN, JJ.
J. Victor DAloia, of Newark, and Alexander Simpson, of Jersey City, for defendant.
J. Henry Harrison, of Newark, for the State.
This certiorari was allowed to review the action of the court of oyer and terminer of the county of Essex in refusing to admit the prosecutor to bail pending the hearing by the Court of Errors and Appeals of a writ of error taken out by him to review a judgment of his conviction of the crime of murder of the first degree.
The facts are that the defendant was convicted of murder of the first degree by a jury, which recommended as a part of its verdict that the punishment of the defendant should be life imprisonment.Whereupon the defendant caused a writ of error to be issued, removing the record of his conviction from the court of oyer and terminer to the Court of Errors and Appeals for the purpose of reviewing the judgment based on the verdict.While this writ of error was pending defendant made an application under section 143 of the Criminal Procedure Act(2 Comp. St. 1910, p. 1867) to the court of oyer and terminer, where he was convicted, to be admitted to bail, which the court denied on the ground that the offense charged was a capital one, the statute relied upon containing this proviso, "This section shall not...
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Ex parte Berry
... ... The ... question Before us is whether or not, under the facts ... presented and the law of this state, petitioner is entitled ... to bail ... Article ... 1, § 20, of the constitution of the state of Washington ... Fla. 481, 104 So. 855; Caesar v. State, 127 Ga. 710, ... 57 S.E. 66; In re Baronne, 97 N.J.L. 249, 117 A ... 163; State v. Barone, 98 N.J.L. 292, 118 A. 927; ... (See, also, State v. Barone, 96 N.J.L. 374, 114 A ... 809); People v. St. Lucia, 315 Ill. 258, 146 N.E ... ...
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Corbo, Application of
...again the only question was whether a murder indictment is properly classifiable as being for a capital offense. In State v. Barone, 96 N.J.L. 374, 114 A. 809 (Sup.Ct.1921), appeal dismissed sub nom. In re Barrone (sic), 97 N.J.L. 249, 117 A. 163 (E. & A.1922), it was held that upon a convi......
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United States v. Parker
...with death." We conceded upon the argument and we now concede that the word "punishable" means possibly punishable. State v. Barone, 96 N.J.Law, 374, 114 A. 809; In re Baronne, 97 N.J.Law, 249, 117 A. 163. We further concede, and it is obvious, that the jury's absolute discretion imports su......
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State v. King
...of admission to bail, and bail and error are analogous in capital cases, and Mr. Justice Bergen in the supreme court, State v. Barone, 96 N. J. Law, 374, 114 A. 809, said that assuming a capital case is one in which the only punishment is death, the defendant was under an indictment which c......