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STATE v. PACHECO

106 N.J. Super. 173 (1969)

254 A.2d 540

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. VICTOR PACHECO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1969.

Attorney(s) appearing for the Case

Mrs. Miriam N. Span, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Rushton H. Ridgway, Assistant County Prosecutor, argued the cause for respondent (Mr. Joseph Tuso, Cumberland County Prosecutor, attorney).

Before Judges CONFORD, KILKENNY and LEONARD.

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

Defendant appeals from a conviction in July 1968 for first degree murder, with sentence of life imprisonment. The crime occurred in 1959, and a previous trial and conviction in 1960 was followed by a reversal and remand for trial errors. State v. Pacheco, 38 N.J. 120 (1962).

The State's case at both trials was based on the theory of a felony-murder. At the first...

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