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STATE v. STANI

197 N.J. Super. 146 (1984)

484 A.2d 341

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ARTHUR STANI, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 1984.

Attorney(s) appearing for the Case

William B. Smith, Assistant Prosecutor, argued the cause for appellant (Alan A. Rockoff, Middlesex County Prosecutor, attorney; William B. Smith, on the brief).

John H. Fitzgerald, Assistant Deputy Public Defender, argued the cause for respondent (Joseph H. Rodriguez, Public Defender, attorney; John H. Fitzgerald, of counsel and on the brief).

Before Judges KING and DEIGHAN.

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

In this case the State appeals the dismissal of a robbery and assault indictment by the Law Division judge. The judge concluded that further prosecution was barred by statutory and constitutional principles of double jeopardy. We affirm.

Trial began on January 3, 1984 when a jury was impaneled and sworn. Opening statements were made and testimony by Detective...

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