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STATE v. BROWN

22 N.J. 405 (1956)

126 A.2d 161

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WARREN CLEAVER BROWN, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided October 29, 1956.

Attorney(s) appearing for the Case

Mr. David R. Brone, Assistant County Prosecutor, argued the cause for the State (Mr. Lewis P. Scott, County Prosecutor, on the brief).

Mr. Harry Miller argued the cause for the respondent.

The opinion of the court was delivered by HEHER, J.

On May 16, 1956 the respondent was convicted by a jury of murder in the second degree on an indictment returned the prior February 8 charging that on April 17, 1951 he did "willfully, feloniously and of his malice, aforethought kill and murder Margaret Jones, also known as Margaret Brown." Judgment was arrested, before sentence, for want of "jurisdiction of the offense," it was found, because of the supposed bar...

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