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STATE v. FOURNIER

91 N.J. Super. 477 (1966)

221 A.2d 225

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH FOURNIER, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN SCHLATTER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1966.

Attorney(s) appearing for the Case

Mr. Thomas M. Maher (assigned counsel) argued the cause for appellant Joseph Fournier.

Mr. Thomas J. Callahan (assigned counsel) argued the cause for appellant John Schlatter.

Mr. Carlos Peay, Jr., Assistant Prosecutor, argued the cause for respondent (Mr. Guy W. Calissi, Bergen County Prosecutor, attorney).

Before Judges CONFORD, KILKENNY and LEONARD.

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

The two defendants were convicted of robbing one Wittig at night behind the victim's home. They appeal on several grounds.

We cannot agree with the ground of appeal that the verdicts were against the weight of the evidence. Although there were some inconsistencies in the identifications of the defendants by Wittig, particularly when one compares his prior out-of-court identifications with his testimony...

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