STATE v. BOENING


63 N.J. Super. 588 (1960)

165 A.2d 203

STATE OF NEW JERSEY, DEFENDANT-APPELLANT, v. LEWIS MATTHEW BOENING, PLAINTIFF-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 1960.


Attorney(s) appearing for the Case

Mr. Henry Gorelick, court-assigned counsel, argued the cause for appellant.

Mr. William J. Hughes, Assistant Prosecutor, argued the cause for respondent (Mr. George B. Francis, Cape May County Prosecutor, attorney).

Before Judges GOLDMANN, CONFORD and FREUND.


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

Defendant appeals from an order denying his motion to vacate the sentence imposed for armed robbery under the third count of an indictment returned by the Cape May County grand jury in 1955.

The indictment charged that defendant, on July 2, 1955, (1) carried a concealed revolver, in violation of N.J.S. 2A:151-41(a); (2) committed atrocious assault and battery on one Waldow, by atrociously...

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