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STATE v. GIBSON

92 N.J. Super. 397 (1966)

223 A.2d 638

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THEODORE GIBSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 28, 1966.

Attorney(s) appearing for the Case

Mr. Robert L. McManus argued the cause for appellant.

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

Before Judges SULLIVAN, KOLOVSKY and CARTON.

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

Defendant Theodore Gibson and one Sydney King were convicted, after trial by jury, of selling heroin to Thomas Lyons in violation of R.S. 24:18-4, which provides:

"It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense or compound any narcotic drug, except as authorized by this chapter [the `Uniform Narcotic Drug Law,' (Drug...

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