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STATE v. O'HERRON

153 N.J. Super. 570 (1977)

380 A.2d 728

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EDWARD O'HERRON, JR., AND KATHLEEN O'HERRON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 4, 1977.

Attorney(s) appearing for the Case

Mr. Daniel Louis Grossman, Deputy Attorney General of New Jersey, argued the cause for appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Paul A. Sherman argued the cause for respondents.

Before Judges BISCHOFF, KOLE and GAULKIN.

The opinion of the court was delivered by GAULKIN, J.S.C., Temporarily Assigned.

The State appeals, by leave granted, from an order entered prior to trial suppressing two marijuana plants seized without a warrant from the rear yard of defendants' home. Based upon that seizure defendants have been indicted for possession of marijuana. N.J.S.A. 24:21-20a(4).

The record before the trial court consisted of a brief account by the State of the circumstances...

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