STATE v. TROPIANO


154 N.J. Super. 452 (1977)

381 A.2d 828

STATE OF NEW JERSEY, PLAINTIFF, v. ARTHUR GUI TROPIANO, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided November 18, 1977.


Attorney(s) appearing for the Case

Mr. Oscar W. Rittenhouse, Hunterdon County Prosecutor, for plaintiff.

Messrs. Norris, Mc Laughlin & Marcus (by Mr. Richard A. Norris) attorney for defendant.


SCHOCH, A.J.S.C.

By filing a motion to dismiss the indictment defendant presents the court with this interesting question: Is the defense of impossibility available in New Jersey to the crime of attempt?

A recitation of the history of the case is necessary to provide the background out of which this issue has arisen. Sometime in the three-week period before the middle of June 1975 the residence of one Henry Barnard in Hunterdon County was burglarized. Included...

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