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STATE v. ROBERTS

86 N.J. Super. 159 (1965)

206 A.2d 200

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NATHANIEL ROBERTS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1965.

Attorney(s) appearing for the Case

Mr. Kenneth J. Dawes, Jr., assigned counsel, argued the cause for appellant.

Mr. Edward J. Phelan, Assistant Prosecutor, argued the cause for respondent (Mr. Vincent Panaro, Prosecutor, attorney).

Before Judges GOLDMANN, SULLIVAN and LABRECQUE.

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

Defendant, a State Prison inmate, was indicted, tried and found guilty by a jury for atrocious assault and battery upon a prison guard. The single question posed on this appeal is that defendant's fundamental right to a fair trial was violated when he was compelled to appear before the jury with his feet and hands shackled. The matter is one of first impression...

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