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STATE v. BOONE

114 N.J. Super. 521 (1971)

277 A.2d 414

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT JAVON BOONE, DEFENDANT, AND HERBERT LEE TERRY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 1971.

Attorney(s) appearing for the Case

Mr. Herbert Waldman, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, Attorney; Mr. Waldman, of counsel and on the brief).

Mr. Edwin H. Stern, Assistant Prosecutor, argued the cause for respondent (Mr. Geoffrey Gaulkin, Hudson County Prosecutor, Attorney; Mr. Armand Pohan, Assistant Prosecutor, on the brief).

Before Judges KILKENNY, HALPERN and LANE.

The opinion of the Court was delivered by LANE, J.A.D.

Defendants were jointly indicted for unlawful possession of heroin in violation of N.J.S.A. 24:18-4. Defendant Terry was also indicted for unlawful possession of a pistol in violation of N.J.S.A. 2A:151-41. The indictments were tried without a jury. Boone was acquitted. Defendant Terry was convicted on both indictments. On the possession of heroin indictment, he was sentenced to the New Jersey State...

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