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STATE v. MITCHELL

149 N.J. Super. 259 (1977)

373 A.2d 700

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ELIJAH MITCHELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1977.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for the appellant (Mr. Raymond R. Beam, Jr., Designated Counsel, of counsel and on the brief).

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for the respondent (Ms. Patricia J. Arons, Assistant Prosecutor, of counsel and on the brief).

Before Judges FRITZ, ARD and PRESSLER.

PER CURIAM.

The single question involved in this appeal is whether the trial judge erred in denying defendant's request to present an alibi defense because of his failure to comply with R. 3:11-1.

On June 24, 1974 defendant was arraigned and entered a plea of not guilty to the charge of armed robbery. On the same day the State demanded a bill of particulars of defendant under R. 3:11-1, which reads in pertinent part as follows:

If a defendant...

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