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STATE v. NERWINSKI

69 N.J. Super. 239 (1961)

174 A.2d 232

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER S. NERWINSKI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1961.

Attorney(s) appearing for the Case

Mr. Peter Murray, Assistant Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney; Mr. Maurice J. McKeown, Assistant Prosecutor, of counsel on the brief).

Mr. Howard G. Wachenfeld argued the cause for appellant.

Before Judges PRICE, SULLIVAN and LEONARD.

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

Defendant was convicted of carrying a rifle concealed on or about his person, contrary to the provisions of N.J.S. 2A:151-41.

At defendant's trial, which was by jury, the State produced proof that defendant was apprehended on Halsey Street, Newark, while carrying a loaded rifle under the topcoat which he was wearing. Defendant, testifying in his own behalf, admitted carrying the rifle, but denied...

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