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STATE v. SMITH

36 N.J. 307 (1962)

177 A.2d 561

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK R. SMITH, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 22, 1962.

Attorney(s) appearing for the Case

Mr. C. William Caruso, Legal Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney).

Mr. John Ferguson, Assigned Counsel, argued the cause for defendant-appellant.

PER CURIAM.

The judgment of conviction under review is affirmed essentially for the reasons expressed by the Appellate Division. 66 N.J.Super. 465 (1961).

Our affirmance, however, is without prejudice to the making of an application to the trial court for a new trial within 30 days after the filing of our mandate.

The defendant was convicted of armed robbery. His defense was an alibi. At the trial two important...

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