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STATE v. COSTA

109 N.J. Super. 243 (1970)

262 A.2d 917

STATE OF NEW JERSEY, PLAINTIFF, v. ALBERT W. COSTA AND PHILIP E. SOLIMENE, DEFENDANTS.

Superior Court of New Jersey, Law Division — Criminal.

Decided March 5, 1970.

Attorney(s) appearing for the Case

Mr. William L. Kattak, Assistant Prosecutor, attorney for plaintiff.

Mr. Melvin Fine, attorney for defendant Costa.

Mr. Robert B. Cherry, attorney for defendant Solimene.

CRANE, A.J.S.C.

Defendants have been indicted for breaking and entering the dwelling house of one Paul Whitehead and stealing therefrom $34,751.75 in assorted coins, four pieces of luggage and two pieces of jewelry. Defense counsel have moved to dismiss the indictment upon the ground that it was returned without adequate evidence having been presented to the grand jury.

The transcript of the testimony before the grand jury was made available to defense counsel...

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