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STATE v. KELLY

61 N.J. 283 (1972)

294 A.2d 41

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

The Supreme Court of New Jersey.

Decided July 17, 1972.

Attorney(s) appearing for the Case

Mr. Joseph A. Fusco, Assistant Prosecutor, argued the cause for the appellant (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. Michael A. Graham, Legal Assistant, on the brief).

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

The opinion of the Court was delivered by JACOBS, J.

The defendant was convicted of having stolen a revolver in violation of N.J.S.A. 2A:119-2. On appeal, the Appellate Division reversed and remanded for a new trial. 113 N.J.Super. 169 (1971). Thereafter we certified on the State's application. 58 N.J. 601 (1971).

On the morning of September...

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