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STATE v. PLOWDEN

126 N.J. Super. 228 (1974)

313 A.2d 802

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEROY PLOWDEN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 2, 1974.

Attorney(s) appearing for the Case

Mr. James K. Smith, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Mart Vaarsi, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Before Judges LYNCH, MEHLER and MICHELS.

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

Defendant appeals his convictions of first degree murder and assault with intent to kill. He urges two reasons for reversal, the first of which is that the court erred in permitting the prosecutor to inquire of an alibi witness whether she had gone to the police with her story and in allowing the prosecutor to comment to the jury on her failure to do so.

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