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STATE v. SPIVEY

65 N.J. 21 (1974)

319 A.2d 461

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK D. SPIVEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 9, 1974.

Attorney(s) appearing for the Case

Mr. Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Ralph J. Jabbour, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Prosecutor of Essex County, attorney).

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

Defendant appeals from his conviction of rape and robbery in violation of N.J.S.A. 2A:138-1 and 2A:141-1. He alleges that the trial court erred in failing to conduct a second competency hearing before or during his second trial. It is further contended that after defendant's first trial ended in a mistrial, the trial court erred in relying upon a jury verdict as to...

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