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STATE v. DAVIS

175 N.J. Super. 130 (1980)

417 A.2d 1075

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RONALD LEE DAVIS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 1980.

Attorney(s) appearing for the Case

John Cannel, Assistant Public Defender, argued the cause for appellant (Stanley C. Van Ness, Public Defender, attorney).

Carol M. Henderson, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney; John J. DeCicco, First Asst. Atty. Gen., of counsel).

Before Judges MATTHEWS, ARD and POLOW.

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

Ocean County Indictment 363-78 charged defendant Davis with murder (N.J.S.A. 2A:113-1 and 2A:113-2) (count I); rape (N.J.S.A. 2A:138-1) (count II); robbery (N.J.S.A. 2A:141-1) (count III) and with committing all of those acts while armed with an offensive weapon (N.J.S.A. 2A:151-5) (count IV).

On August 15, 1979, following...

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