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STATE v. DANIELS

38 N.J. 242 (1962)

183 A.2d 648

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LEE DANIELS, JR., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 18, 1962.

Attorney(s) appearing for the Case

Mr. Brendan T. Byrne, Essex County Prosecutor, argued the cause for plaintiff-appellant (Mr. Peter Murray, Assistant Prosecutor, of counsel and on the brief).

Mr. Geoffrey Gaulkin argued the cause for defendant-respondent.

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

On March 18, 1959 the defendant shot and killed his mother and wounded his sister in a small luncheonette operated by the mother on Waverly Avenue in Newark. He was indicted for murder and originally entered a plea of not guilty in the Essex County Court. Michael Breitkopf, Esq., a practitioner of long years of experience both as an assistant prosecutor and on the side of the defense in criminal matters, was assigned...

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