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STATE v. LANDEROS

20 N.J. 76 (1955)

118 A.2d 524

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALBERT HERMAN LANDEROS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 21, 1955.

Attorney(s) appearing for the Case

Mr. Morton Stavis argued the cause for appellant (Mr. J. Mercer Burrell, attorney).

Mr. Chester A. Weidenburner, Assistant Prosecutor of Union County, argued the cause for the State (Mr. H. Russell Morss, Jr., Prosecutor, and Mr. Hyman Isaac, Assistant Prosecutor, attorneys).

The opinion of the court was delivered by WACHENFELD, J.

The principal issue in this appeal is whether, on the record before us, it "clearly and convincingly appears" that the verdict of "guilty" returned by the jury was so contrary to the weight of the evidence as to be "the result of mistake, partiality, prejudice or passion." See R.R. 1:5-1(a).

The indictment charges that on January 30, 1953 in Westfield, Union County, the defendant had carnal...

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