STATE v. ORR


93 N.J. Super. 140 (1966)

225 A.2d 157

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CHARLES ORR AND ERNIE WILLIAMS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 1966.


Attorney(s) appearing for the Case

Mr. George A. Franconero, Assistant County Prosecutor, argued the cause for appellant (Mr. Brendan T. Byrne, County Prosecutor of Essex County).

Mr. George R. Sommer argued the cause for respondent Charles Orr.

Mr. Francis F. Welsh, assigned counsel, argued the cause for respondent Ernie Williams.

Before Judges CONFORD, FOLEY and LEONARD.


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

The State by leave of court appeals from an order of the County Court ordering that a "Motion to Suppress Evidence be * * * granted." The evidence consisted of a quantity of heroin and associated narcotics paraphernalia intended to be used by the State in the trial of defendants upon a joint indictment for possession of a narcotic drug. R.S. 24:18-4.

At the hearing on defendants' motion, only...

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