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STATE v. BURNETT

79 N.J. Super. 242 (1963)

191 A.2d 208

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FLETCHER BURNETT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1963.

Attorney(s) appearing for the Case

Mr. Clive S. Cummis argued the cause for appellant (Messrs. Maurer & Maurer, attorneys).

Mr. Peter Murray, Assistant Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney).

Before Judges GOLDMANN, FREUND and FOLEY.

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

Defendant appeals from a conviction upon an indictment charging him with the knowing and unlawful possession of lottery slips, contrary to the provisions of N.J.S. 2A:121-3. The case was tried in the Essex County Court without a jury.

The only witness called by the State was Robert J. Murphy, a detective of the police department of the City of Newark. Detective Murphy testified that on February...

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