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STATE v. MANN

171 N.J. Super. 173 (1979)

408 A.2d 440

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FREDERICK S. MANN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 1979.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Advocate, attorney for appellant (Mr. Joseph C. Truncale, Springfield designated attorney, of counsel and on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for respondent (Mr. Rocky L. Peterson, Deputy Attorney General, of counsel and on the letter brief).

Before Judges SEIDMAN, MICHELS and DEVINE.

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

On July 6, 1977, at about 1:30 p.m., Mrs. Alice Sauers while returning from shopping observed a young black male near her driveway. Shortly thereafter the same man entered her kitchen armed with a barbecue fork. He choked her, knocked her to the floor, gagged her with paper napkins and had her lie prone on the floor with his foot on her back.

After demanding money the assailant took her wedding rings...

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