State v. Capawanna

CourtUnited States State Supreme Court (New Jersey)
Citation130 A. 278
PartiesSTATE v. CAPAWANNA et al.
Decision Date02 September 1925

Applications by Charles Capawanna and another for release on bail on the return of a writ of habeas corpus. Applications denied.

James V. D'Aloia, of Newark, for the State.

Carl Abruzzese, of Newark, for defendant Capawanna.

William A. Lord, of Newark, for defendant La Morgese.

FLANAGAN, J. This is an application for release on bail on the return of a writ of habeas corpus. The defendants are charged with murder and held without bail. The state produces testimony tending to establish the following as facts:

On the morning of July 30th or 31st last, at about 6:10 o'clock, the dead body of Mrs. Agnes Wickham, known as the "nurse," was found in West Orange, on the side of St. Cloud avenue, about half a mile north of Northfleld road. The police were notified, and Dr. Brien, the deputy county physician, was called, and he examined the body at about 7:15 a. m. He found six fractures of the skull, both eyes black and blue, a cut on the back of the head 1 1/4 inches long, the front of the neck on both sides full of bruises, a bruise on the left ear and one on the left arm, appearing to have been caused by a bite, scratches on the back of the right wrist, and black and blue marks on the inner side of each thigh midway between the lower and upper joints. Death was caused by the fracture of the skull through the left petrous bone, and followed almost immediately upon such fracture; the deceased could have breathed a minute or two thereafter, but no longer. The deceased had been dead 4 or 5 hours at the time the doctor saw the body and the defendants have in conversations made admissions that they were with the deceased while in an automobile 4 or 5 hours before the hour when the doctor saw her dead body. The defendants were the last persons seen with the deceased.

The condition of the body indicates that an attack was made on deceased, and that the motive for the attack was rape, and that she lost her life in the defense of her person.

The defendant Capawanna produces no witnesses, but the defendant La Morgese produces several. La Morgese pictures his connection with the affair as that of the "Good Samaritan," helping the deceased into Capawanna's automobile and riding with her a short distance thereafter on the running board of the machine, spraining his ankle in alighting therefrom. The cause of her death as suggested by testimony in his...

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7 cases
  • Corbo, Application of, A--195
    • United States
    • New Jersey Superior Court – Appellate Division
    • 16 Febrero 1959
    ...State v. Goldstein, 40 N.J.L.J. 71 (Sup.Ct.1917); State v. Kuchler, 3 N.J.Misc. 636, 129 A. 632 (Sup.Ct.1925); State v. Capawanna, 3 N.J.Misc. 876, 130 A. 278 (O. & T.1925); Ford v. Dilley, 174 Iowa 243, 156 N.W. 513 (Sup.Ct.1916) (a most scholarly and exhaustive treatment of these subjects......
  • State v. Edwards
    • United States
    • United States State Supreme Court of Vermont
    • 18 Septiembre 1925
  • State v. Konigsberg, A--15
    • United States
    • United States State Supreme Court (New Jersey)
    • 31 Octubre 1960
    ...of bail in all cases rested in the discretion of the courts. State v. Rockafellow, 6 N.J.L. 332 (Sup.Ct.1796); State v. Capawanna, 3 N.J.Misc. 876, 130 A. 278 (O. & T.1925); Fischer v. Ball, 212 Md. 517, 129 A.2d 822 (Ct.App.1957); 4 Blackstone's Commentaries 298, 299 (4th ed. 1899); 2 Hale......
  • Frazer v. Hoffman, Civil No. 288-1969
    • United States
    • United States District Courts. 3th Circuit. District of the Virgin Islands
    • 9 Enero 1970
    ...The granting or denial of bail pending appeal usually turns on the circumstances of each particular case—U.S. v. Piper, Supra; State v. Capawanna, 130 A. 278 (Co. Ct. of N.J. 1925); Re Nagel, 41 Nev. 86, 167 P. 689 (Sup. Ct. of Nev. 1917); —and while the court may not act in an arbitrary, c......
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