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STATE v. KELLY

113 N.J. Super. 169 (1971)

273 A.2d 371

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RAYMOND KELLY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 1971.

Attorney(s) appearing for the Case

Mr. Jerrold S. Fond argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Joseph A. Fusco, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Before Judges GOLDMANN, LEONARD and MOUNTAIN.

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

Defendant appeals from a conviction following a jury verdict of guilty of larceny of a revolver under N.J.S.A. 2A:119-2.

The revolver was allegedly stolen from Walter King, a security guard employed by State Patrol Service, Inc., a private agency. About two weeks after the theft, King, accompanied by two other employees of the same agency, encountered...

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