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STATE v. SHIREN

15 N.J. Super. 440 (1951)

83 A.2d 620

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SAMUEL SHIREN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1951.

Attorney(s) appearing for the Case

Mr. Paul T. Huckin argued the cause for the respondent (Mr. Francis V.D. Lloyd, attorney).

Mr. George F. Losche argued the cause for the defendant-appellant (Mr. David A. Gelber, attorney).

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

Defendant, Samuel Shiren, appeals from convictions on two indictments charging him with (1) assault and battery and (2) death by reckless driving of an automobile.

Shiren, a construction engineer, was supervising a project in River Edge, New Jersey. On the morning of June 24, 1950, he complained of a toothache. During the middle of the morning, at the suggestion of a labor foreman on the

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