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STATE v. GIBERSON

153 N.J. Super. 241 (1977)

379 A.2d 480

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM GIBERSON, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 1977.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. Joel M. Harris, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. William F. Hyland, Attorney General, attorney for respondent (Mr. Thomas N. Auriemma, Deputy Attorney General, of counsel and on the brief).

Before Judges ALLCORN, MORGAN and HORN.

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

Following a jury trial defendant was convicted of two counts of assault with an offensive weapon (N.J.S.A. 2A:90-3) and two counts of atrocious assault and battery (N.J.S.A. 2A:90-1). The trial judge merged the former with the latter. Defendant was acquitted of assault with intent to kill.

The charges arose when defendant stabbed two of his companions during fights which occurred within 15...

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