The opinion of the court was delivered by COLLESTER, J.A.D.
Defendant was indicted on three counts respectively charging him with (1) breaking and entering with intent to steal (N.J.S. 2A:94-1), (2) larceny (N.J.S. 2A:119-2), and (3) assault with intent to commit burglary (N.J.S. 2A:90-2). The third count was dismissed at the close of the State's case. The jury returned a verdict finding defendant "guilty as charged on both counts." The court...
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