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STATE v. CLARK

128 N.J. Super. 120 (1974)

319 A.2d 247

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SAMUEL LEE CLARK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 1974.

Attorney(s) appearing for the Case

Mr. Edward Carl Broege, Designated Attorney, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Howard Allen Cohen, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. George F. Kugler, Jr., former Attorney General of New Jersey).

Before Judges HALPERN, MATTHEWS and BISCHOFF.

PER CURIAM.

Defendant Samuel L. Clark appeals from a conviction of second-degree murder and the imposition of a 24-25-year consecutive sentence.

Defendant was indicted for the April 27, 1971 murder of one Robert Sayles. The first trial of the indictment terminated in a mistrial when the jury failed to agree on a verdict. A second trial, before a different judge and a jury, resulted in a verdict of guilty of second-degree murder. A motion for a new trial was...

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