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STATE v. LYNCH

155 N.J. Super. 431 (1978)

382 A.2d 1130

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CLARENCE E. LYNCH, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Resubmitted August 12, 1977.

Decided January 3, 1978.

Attorney(s) appearing for the Case

Mr. Frank H. Graves, Assistant Prosecutor, argued the cause for appellant (Mr. C. Judson Hamlin, Middlesex County Prosecutor, attorneys).

Mr. Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

Before Judges LYNCH, MORGAN and ARD.

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

The State appeals from the order granting defendant's motion to dismiss the indictment made after the State's opening statement to the jury on the ground that the State failed to assert an essential element of the charge against defendant.

Defendant was indicted as an accessory after the fact (N.J.S.A. 2A:85-2) for allegedly aiding and assisting one Carrie Speight in avoiding apprehension by the...

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