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STATE v. ROMEO

74 N.J. Super. 520 (1962)

181 A.2d 560

THE STATE OF NEW JERSEY, PLAINTIFF, v. FRANK ROMEO, DEFENDANT.

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

Decided May 23, 1962.

Attorney(s) appearing for the Case

Mr. Thomas P. Ford, Jr., Assistant Prosecutor, appeared for plaintiff (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney).

Mr. Thomas E. Durkin, Jr., appeared for defendant.

YANCEY, J.C.C.

This is a motion to strike two outstanding indictments and to have a judgment of acquittal entered on behalf of the defendant, Frank Romeo. The motion is made pursuant to R.R. 3:5-5(a), which supersedes the former practice of asserting by written plea the defense of autrefois acquit. See State v. Boening, 63 N.J.Super. 588 (App. Div. 1960).

The indictments were returned...

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