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STATE v. JENKINS

32 N.J. 109 (1960)

160 A.2d 25

STATE OF NEW JERSEY, RESPONDENT-APPELLANT, v. BENNY JENKINS, PETITIONER-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 4, 1960.

Attorney(s) appearing for the Case

Mr. C. William Caruso, Special Legal Assistant Prosecutor, argued the cause for respondent-appellant (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney. Mr. C. William Caruso, of counsel and on the brief).

Mr. Samuel M. Koenigsberg argued the cause for petitioner-respondent (Messrs. Hymen B. Mintz and Samuel M. Koenigsberg, attorneys. Mr. Samuel M. Koenigsberg, on the brief).

The opinion of the court was delivered by WEINTRAUB, C.J.

The State appeals from a judgment of the Appellate Division, one judge dissenting, vacating the sentence imposed upon defendant and directing resentence. 57 N.J.Super. 93 (1959).

Both the majority and dissenting opinions held the right of an accused "to have the assistance of counsel in his defense," N.J. Const.<...

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