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STATE v. PIRONE

78 N.J. Super. 158 (1963)

188 A.2d 45

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CARMINE PIRONE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1963.

Attorney(s) appearing for the Case

Mr. Michael G. Comunale argued the cause for appellant.

Mr. William A. O'Brien, Deputy Attorney General, argued the cause for plaintiff (Mr. Arthur J. Sills, Attorney General; Mr. Frank A. Verga, Deputy Attorney General in charge, attorney).

Before Judges CONFORD, GAULKIN and KILKENNY.

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

Defendant was convicted upon an indictment which charged that he "did willfully and maliciously set fire to and burn certain shops and buildings situate and commonly known as 5616-18-20 Bergenline Avenue, * * * West New York * * *." He appeals.

His first point is that the trial court should have granted his motion to dismiss the indictment on the ground that "it

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