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STATE v. JOHNSON

90 N.J. Super. 105 (1965)

216 A.2d 397

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TALMADGE JOHNSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 1965.

Attorney(s) appearing for the Case

Mr. Oscar Berman argued the cause for appellant (Mr. William L. Kattak on the brief).

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

Before Judges CONFORD, KILKENNY and LEWIS.

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

Defendant was charged in a three-count indictment with selling a narcotic drug, to wit, heroin on December 7, December 8 and December 12, all in 1962, contrary to the provisions of N.J.S.A. 24:18-4 and N.J.S.A. 24:18-47. He was tried before a jury in the Passaic County Court. The trial judge dismissed the first count, covering the alleged sale on December 7, at the end of the State's case for...

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