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STATE v. LUCAS

30 N.J. 37 (1959)

152 A.2d 50

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ELBER COOPER LUCAS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 1, 1959.

Attorney(s) appearing for the Case

Mr. Martin L. Haines argued the cause for the defendant-appellant (Messrs. Dimon, Haines & Hunting, and Messrs. Abbotts & Abbotts, and Mr. John A. Hartpence, attorneys).

Mr. John J. Barry, First Assistant Prosecutor of Mercer County, argued the cause for the plaintiff-respondent (Mr. Stanley E. Rutkowski, Mercer County Prosecutor).

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

Defendant has taken an appeal to this court from a judgment of conviction entered pursuant to a jury verdict of murder in the first degree with recommendation of life imprisonment. 1947 Const., Art. VI, § V, par. 1(c); R.R. 1:2-1(c).

Evidence was presented by the State that in the early hours of the rainy morning of March 14...

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