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STATE v. SHEPPARD

46 N.J. 526 (1966)

218 A.2d 156

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROY SHEPPARD, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 21, 1966.

Attorney(s) appearing for the Case

Mr. Philip R. Glucksman, Assistant County Prosecutor, argued the cause for the appellant (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney; Mr. Philip R. Glucksman on the brief).

Mr. Hymen B. Mintz argued the cause for the respondent.

The opinion of the court was delivered

PER CURIAM.

On February 4, 1965 James P. Moore, a criminal investigator for the Alcohol and Tobacco Tax Division of the Internal Revenue Service, applied to a United States Commissioner for a search warrant and submitted the following affidavit:

"That [I have] reason to believe that on the premises known as 123 Clinton Avenue, Newark, Essex Co., New Jersey, areas and places under the immediate custody and control...

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