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STATE v. GAINER

93 N.J. Super. 258 (1966)

225 A.2d 608

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANCISCO GAINER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 18, 1966.

Attorney(s) appearing for the Case

Mr. Stockton D. Fisher argued the cause for appellant.

Mr. Raymond R. Trombadore, Deputy Attorney General, argued the cause for respondent (Mr. Michael R. Imbriani, Deputy Attorney General in Charge, Somerset County Prosecutor's Office, attorney).

Before Judges SULLIVAN, LEWIS and KOLOVSKY.

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

Defendant appeals from a conviction of conspiracy to commit robbery, and armed robbery with a dangerous weapon. The only point on appeal meriting discussion is his contention that his statement to the police made after his arrest was improperly admitted into evidence without a preliminary determination by the court as to its voluntariness, and without a charge...

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