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STATE v. PIPKIN

101 N.J. Super. 598 (1968)

245 A.2d 72

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MOSES PIPKIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1968.

Attorney(s) appearing for the Case

Miss Cynthia M. Jacob, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Peter Murray, Public Defender, attorney).

Mr. Archibald Kreiger, Assistant Prosecutor, argued the cause for respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney).

Before Judges SULLIVAN, FOLEY and LEONARD.

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

After a non-jury trial defendant was found guilty on the fifth and sixth counts of a six-count indictment. The counts in question charged, respectively, that (1) on or about June 16, 1967, defendant unlawfully possessed, and (2) sold a narcotic drug, to wit, heroin, contrary to the provisions of N.J.S.A. 24:18-4. Judgments of dismissal were entered by the court, sua sponte, on the first, second...

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