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STATE v. VON ATZINGER

81 N.J. Super. 509 (1963)

196 A.2d 241

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH VON ATZINGER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 1963.

Attorney(s) appearing for the Case

Mr. Morton Hirschklau (assigned counsel), argued the cause for appellant.

Mr. Archibald Kreiger, Assistant Prosecutor, argued the cause for respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney).

Before Judges CONFORD, FREUND and SULLIVAN.

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

Defendant appeals his conviction of armed robbery of a Paterson restaurant on the evening of January 29, 1956. We have concluded there must be a reversal principally because of the prejudicial effect of remarks in summation by the assistant prosecutor (not counsel who argued this appeal). However, we also discuss other points of appeal involving questions which may arise at the retrial, as well as the contention...

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