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STATE v. LOWERY

49 N.J. 476 (1967)

231 A.2d 361

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JASPER LOWERY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 5, 1967.

Attorney(s) appearing for the Case

Mr. Bruce D. Shoulson argued the cause for defendant-appellant.

Mr. James R. Zazzali, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney).

The opinion of the court was delivered by FRANCIS, J.

The Essex County Grand Jury returned an indictment against the defendant Jasper Lowery charging that on April 14, 1965 he willfully, feloniously and of his malice aforethought murdered Thomas Bennett. More particularly, the State claimed that Bennett was killed by a shotgun blast fired by Lowery from a front window of his third floor flat at 123 Sherman Avenue, Newark, N.J. After the trial, which concluded on March...

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