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STATE v. HAYES

52 N.J. Super. 178 (1958)

145 A.2d 28

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH HAYES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 6, 1958.

Attorney(s) appearing for the Case

Mr. Ernest Fasano argued the cause for appellant.

Mr. Solomon Lautman, First Assistant Prosecutor, argued the cause for respondent (Mr. Vincent P. Keuper, Monmouth County Prosecutor, attorney).

Before Judges GOLDMANN, CONFORD and FREUND.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Defendant was tried and convicted in the Monmouth County Court on an indictment charging him with the crime of escape, N.J.S. 2A:104-6, and was subsequently sentenced to a State Prison term of from one to three years. He appeals, claiming that he could not be guilty of the crime charged because at the time of his escape he was being illegally...

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