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STATE v. STURDIVANT

31 N.J. 165 (1959)

155 A.2d 771

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRED STURDIVANT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 23, 1959.

Attorney(s) appearing for the Case

Mr. Thomas E. Durkin, Jr., argued the cause for defendant-appellant.

Mr. Brendan T. Byrne, Essex County Prosecutor, argued the cause for plaintiff-respondent (Mr. Sanford M. Jaffe, Legal Assistant Prosecutor, on the brief).

The opinion of the court was delivered by WEINTRAUB, C.J.

Defendant was convicted for the sodomy-murder of his stepdaughter, age 4 1/2 years. The jury not having recommended life imprisonment, the death sentence was imposed.

Three alleged errors are urged. Our examination of the record indicates they are the only matters warranting discussion.

I.

Pursuant to N.J.S. 2A:74-2, the court directed the impaneling of a jury of 14....

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