STATE v. KIRKLAND


82 N.J. Super. 409 (1964)

197 A.2d 876

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES KIRKLAND, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1964.


Attorney(s) appearing for the Case

Mr. William P. Elliott (assigned counsel) argued the cause for defendant.

Mr. Dominick A. Mirabelli, Assistant County Prosecutor, argued the cause for plaintiff (Mr. H. Douglas Stine, Prosecutor of Union County, attorney).

Before Judges GAULKIN, FOLEY and LEWIS.


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

Defendant Kirkland is in custody awaiting trial upon an indictment which charges him with atrocious assault and battery. After the indictment was returned, he sought his freedom, by way of habeas corpus, upon the grounds hereafter set forth. After a hearing, the trial judge denied the relief sought. We granted leave to appeal.

Defendant contends that his rights under the State and Federal Constitutions...

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