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STATE v. GRAHAM

114 N.J. Super. 518 (1971)

277 A.2d 412

STATE OF NEW JERSEY, COMPLAINANT-APPELLANT, v. JOHN LEWIS GRAHAM, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1971.

Attorney(s) appearing for the Case

Mr. David Linett, Assistant Prosecutor, argued the cause for appellant (Mr. Michael R. Imbriani, Somerset County Prosecutor).

Mr. Robert I. Esposito, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender).

Before Judges KILKENNY, HALPERN and LANE.

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

On September 15, 1970 defendant was indicted for murder. On January 15, 1971, pursuant to N.J.S.A. 2A:74-9, an order was entered to summon a special panel of petit jurors to serve for the trial of the indictment on February 16, 1971. Because about 20 of the prospective petit jurors were excused from service, the trial judge decided there were insufficient jurors available to start the trial and postponed...

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