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STATE v. McMILLAN

65 N.J. Super. 478 (1961)

168 A.2d 81

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HERMAN L. McMILLAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 1961.

Attorney(s) appearing for the Case

Mr. Bernard A. Campbell, court-assigned counsel, argued the cause for appellant.

Mr. Edward J. Phelan, Assistant Prosecutor, argued the cause for respondent (Mr. Stanley E. Rutkowski, Mercer County Prosecutor, attorney).

Before Judges GOLDMANN, FOLEY and LEONARD.

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

Defendant was convicted by a jury on three indictments, tried together by consent, respectively charging him with assault with an offensive weapon, rape, and assault with intent to rob. He was represented at the trial by able court-appointed counsel who vigorously asserted defendant's rights at every turn. The court sentenced defendant to consecutive State Prison terms of 2-7 years, 25-30 years, and 8-12...

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