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STATE v. RICHARDSON

73 N.J. 82 (1977)

372 A.2d 1093

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LEON WAYNE RICHARDSON, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EMORY JOHNSON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 5, 1977.

Attorney(s) appearing for the Case

Mr. Maurice Molyneaux, Assistant Deputy Public Defender, argued the cause for appellant Johnson (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Michael H. Kessler, Assistant Prosecutor, argued the cause for the State of New Jersey as appellant in A-17 and as respondent in A-18 (Mr. Edward W. McGrath, Union County Prosecutor, attorney; Mr. Paul A. Massaro, on the brief).

Mr. Robert J. Konzelmann, Assistant Deputy Public Defender, argued the cause for respondent Richardson (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the court was delivered by SULLIVAN, J.

These two appeals grow out of a single criminal episode in which both Leon Richardson and Emory Johnson, defendants herein, were involved. They were jointly indicted on several counts but were tried separately. Each was found guilty. The basic issue in each case was and is identical with the question involved in State v. Moran, also decided by us this date. 73 N.J. 79 (1977...

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