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STATE v. SMITH

37 N.J. 481 (1962)

181 A.2d 761

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES S. SMITH, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 4, 1962.

Attorney(s) appearing for the Case

Mr. Clive S. Cummis argued the cause for appellant (Mr. Abraham L. Honigfeld, on the brief).

Mr. Brendan T. Byrne, Essex County Prosecutor, argued the cause for respondent (Mr. Peter Murray, Assistant Prosecutor, of counsel and on the brief).

The opinion of the court was delivered by WEINTRAUB, C.J.

Defendant was convicted of possession of heroin in violation of R.S. 24:18-4. We certified his appeal before the Appellate Division acted upon it.

During the pendency of the appeal, Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), was decided. There, overruling Wolf v. Colorado, 338 U.S. 25

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