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STATE v. BESS

53 N.J. 10 (1968)

247 A.2d 669

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CALVIN BESS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 25, 1968.

Attorney(s) appearing for the Case

Mr. Calvin J. Hurd argued the cause for defendant-appellant.

Mr. Arthur J. Timins, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Leo Kaplowitz, Union County Prosecutor, attorney; Mr. Arthur J. Timins, Assistant Prosecutor, on the brief).

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

Defendant Calvin Bess was convicted of murder in the second degree for the fatal shooting of James W. Grunden. He was sentenced to ten to fifteen years in State Prison. He appealed directly to this Court challenging his conviction and sentence.

The objective facts of the homicide are virtually undisputed. The defendant, age eighteen, was employed as a bartender at the Club Supreme, a tavern in Elizabeth...

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