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STATE v. CLARK

151 N.J. Super. 529 (1977)

377 A.2d 705

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. KENNY CLARK, MAE HALLMAN, TERRELL HALLMAN, JOHN HENNESSEY, MICHAEL HENNESSEY, JOHN MADDEN AND DOROTHY YANOL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1977.

Attorney(s) appearing for the Case

Mr. James T. O'Halloran, Prosecutor of Hudson County, attorney for appellant (Mr. Maurice J. Maloney, Assistant Prosecutor, on the brief).

Mr. Stanley C. Van Ness, Public Defender, attorney for respondents (Mr. Willam E. Norris, First Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges ALLCORN, CRANE and BOTTER.

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

The sole issue on appeal is whether an indictment under N.J.S.A. 24:21-24(a) for conspiracy to violate the drug laws must allege an overt act. The trial judge held that the allegation was necessary and dismissed the conspiracy count against defendants for failure to allege an overt act. The State appeals.

Defendants were charged with conspiring...

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