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STATE v. HUTCHINS

43 N.J. 85 (1964)

202 A.2d 678

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FRANCIS HUTCHINS, A/K/A "HUTCH," ULYSSES WALLS, NORMAN PRINCE AND ERNEST HERNDON, A/K/A "JABO," DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 7, 1964.

Attorney(s) appearing for the Case

Mr. William C. Brudnick, Assistant Prosecutor of Bergen County, argued the cause for plaintiff-appellant (Mr. Guy W. Calissi, Prosecutor, attorney; Mr. Anthony D. Andora, Assistant Prosecutor of Bergen County, on the brief).

Mr. James A. Major, of counsel, argued the cause for defendants-respondents (Messrs. Major & Major, attorneys).

The opinion of the court was delivered by SCHETTINO, J.

Defendants, Walls, Herndon, Hutchins, and Prince (and two others, Gramaglia and Epsaro), were indicted for "conspiring together with" Peter Foti, not named a defendant, to conduct a lottery between January 1, 1959 and April 10, 1962 in violation of N.J.S. 2A:98-1 and 2. The indictment against Gramaglia was dismissed on the State's motion for nolle prosse...

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