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STATE v. GASTON

86 N.J. Super. 292 (1965)

206 A.2d 771

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GEORGE ALLEN GASTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 1965.

Attorney(s) appearing for the Case

Mr. Charles E. Starkey, assigned counsel, argued the cause for appellant.

Mr. Richard A. Grossman, Assistant Prosecutor of Ocean County, argued the cause for respondent (Mr. William H. Huber, County Prosecutor, attorney).

Before Judges CONFORD, KILKENNY and LEWIS.

PER CURIAM.

Defendant Gaston was tried by a jury and convicted in the Ocean County Court for atrocious assault and battery upon one Chambers. The weapon employed was a jagged-necked portion of a broken bottle. Gaston was sentenced to State Prison for four to seven years, with credits for time served. His attempt to prosecute an appeal was out of time.

A subsequent petition for a writ of habeas corpus...

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