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STATE v. TAYLOR

81 N.J. Super. 296 (1963)

195 A.2d 485

STATE OF NEW JERSEY, APPELLANT, v. ERNEST P. TAYLOR, JAMES A. LEE AND JOSHUA PAUL MOORE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 25, 1963.

Attorney(s) appearing for the Case

Mr. John J. Barry, First Assistant Mercer County Prosecutor, argued the cause for appellant (Mr. Stanley E. Rutkowski, Mercer County Prosecutor, attorney).

Mr. Hugh D. Wise, Jr. (assigned counsel) argued the cause for respondent Joshua Paul Moore (Mr. Lowell F. Curran, Jr., of counsel and on the brief).

Mr. Gerald R. Stockman (assigned counsel) argued the cause for respondent James A. Lee.

Before Judges CONFORD, FREUND and SULLIVAN.

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

This is an appeal by the State, by leave of this court, from an order of the Mercer County Court dated October 8, 1962 suppressing evidence intended by the State for use in the trial of an indictment of the three defendants for carrying a concealed firearm in an automobile on the ground that it was discovered by an unconstitutional search of the automobile...

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