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STATE v. FAIR

45 N.J. 77 (1965)

211 A.2d 359

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DOLLIE FAIR AND JOHN B. LYNN, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 14, 1965.

Attorney(s) appearing for the Case

Mr. John G. Graham, Assistant Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney, Mr. Peter Murray and Mr. Philip R. Glucksman, Assistant Prosecutors, of counsel and on the brief).

Mr. George R. Sommer argued the cause for appellant Dollie R. Fair.

Mr. Gerald W. Conway argued the cause for appellant John B. Lynn.

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

John B. Lynn (Lynn) and Dollie Fair (Fair) were charged in a single indictment with the murder of Aaron R. Rudesel. After a joint trial the jury returned a verdict of second degree murder against Lynn and manslaughter against Fair. Both defendants appeal their convictions to this Court as of right. R.R. 1:2-1(c).

The facts adduced at trial indicate that on September 2, 1962 the Newark police were...

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