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STATE v. PREWITT

127 N.J. Super. 560 (1974)

318 A.2d 427

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CLARENCE EDWARD PREWITT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 1974.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. Steven Zamrin, Assistant Deputy Public Defender, on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent (Mr. George F. Kugler, Jr., former Attorney General of New Jersey, and Mr. Alfred J. Luciani, Deputy Attorney General, on the brief).

Before Judges CONFORD, HANDLER and MEANOR.

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

Defendant was indicted in six counts as follows:

Count I: attempted breaking and entering with intent to steal while armed, contrary to N.J.S.A. 2A:94-1, 2A:85-5 and 2A:151-5;

Count II: possession of a pistol without a permit, contrary to N.J.S.A. 2A:151-41.

Count III: resisting arrest, contrary to N.J.S.A. 2A: 85-1;

Count IV: assault with intent to kill while...

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