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STATE v. SALERNITANO

27 N.J. Super. 537 (1953)

99 A.2d 820

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ADOLPH JOSEPH SALERNITANO AND ANTHONY ROCCO LIGORI, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1953.

Attorney(s) appearing for the Case

Mr. H. Russell Morss, Jr., County Prosecutor of Union County, argued the cause for the plaintiff-respondent.

Mr. William Osterweill argued the cause for the defendants-appellants (Mr. Leon J. Lavigne, attorney; Mr. Jacob Levine, on the brief).

Before Judges EASTWOOD, JAYNE and FRANCIS.

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

The defendants were convicted upon an indictment charging them with the possession of burglar's tools, proscribed by the provisions of N.J.S. 2A:94-3, and they appeal from the ensuing judgment.

The essential facts are that Police Officer Edward L. Zirkel, a member of the City of Elizabeth Police Department, at about 11:00 o'clock on the night of June 26, 1952, was checking doors "along...

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