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STATE v. WOOTEN

73 N.J. 317 (1977)

374 A.2d 1204

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS WOOTEN, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Reargued December 9, 1976.

Decided June 1, 1977.

Attorney(s) appearing for the Case

Mr. Arnold Mellk, Deputy Public Defender, and Mr. David R. Arrajj, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Mellk of counsel; Mr. Arrajj and Mr. Ezra D. Rosenberg, Assistant Deputy Public Defender on the brief).

Mr. Steven M. Ingis, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. David S. Baime and Ms. Barbara Ann Villano, Deputy Attorneys General of counsel and on the brief).

PER CURIAM.

The Court being equally divided, the judgment of the Appellate Division, 135 N.J.Super. 6, is affirmed.

PASHMAN, J., dissenting.

Defendant Thomas Wooten was one of 41 inmates indicted for various offenses which were committed during the 1971 Rahway State Prison riot. That disturbance began on the evening of November 24, 1971 with a violent assault on the prison superintendent, U. Samuel Vukeevich...

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