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STATE v. FITZSIMMONS

60 N.J. Super. 230 (1960)

158 A.2d 731

THE STATE OF NEW JERSEY, PLAINTIFF, v. EUGENE STERLING FITZSIMMONS AND PAUL LAUNCELOT FITZSIMMONS, DEFENDANTS.

Superior Court of New Jersey, Passaic County Court, Law Division — Criminal.

Decided February 29, 1960.

Attorney(s) appearing for the Case

Mr. John G. Thevos, Passaic County Prosecutor (Mr. Edward Wolak and Mr. Archibald Kreiger, Legal Assistants to the Prosecutor), attorney for the State.

Mr. Isadore Waks, attorney for the defendant Eugene Sterling Fitzsimmons.

Mr. Joseph D.J. Gourley, attorney for the defendant Paul Launcelot Fitzsimmons.

PASHMAN, J.C.C.

The defendants have moved this court to dismiss (1) Indictment No. 518-57 charging the defendants with armed robbery in violation of N.J.S. 2A:141-1 and 2A:151-5, and (2) Indictment No. 491-57 charging the defendants with breaking, entering and larceny in violation of N.J.S. 2A:94-1 and 2A:119-2, on the ground that the defendants had been lawfully convicted of...

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