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STATE v. SMITH

100 N.J. Super. 420 (1968)

242 A.2d 49

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. STANLEY SMITH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 19, 1968.

Attorney(s) appearing for the Case

Mr. Harry A. Goldenberg argued the cause for appellant (Mr. H. Albert Hyett, on the brief).

Mr. Solomon Forman, Assistant Prosecutor, argued the cause for respondent (Mr. Ernest H. Curtis, Assistant Prosecutor, on the brief; Mr. Robert N. McAllister, Jr., County Prosecutor, attorney).

Before Judges CONFORD, COLLESTER and LABRECQUE.

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

Defendant appeals from his conviction by a jury finding him guilty of the crimes of atrocious assault and battery (N.J.S. 2A:90-1) and assault with a dangerous weapon (N.J.S. 2A:90-3).

The incident which brought about defendant's arrest and subsequent conviction arose from an altercation between defendant and one Eddie Still. Cleveland Rooks, the victim, was the only witness...

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