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STATE v. BAKER

90 N.J. Super. 488 (1966)

218 A.2d 170

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES F. BAKER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1966.

Attorney(s) appearing for the Case

Mr. Sidney J. Bernstein, assigned counsel, argued the cause for appellant.

Mr. Martin G. Holleran, Assistant Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney).

Before Judges GAULKIN, LABRECQUE and BROWN.

PER CURIAM.

Defendant was indicted for selling heroin to one Quinones on January 10, 1963 and, jointly with Walter L. Waters, with selling heroin to one Williams on April 4, 1963 (amended at the trial to March 4, 1963). Waters pleaded guilty to the latter indictment.

The State tried Baker on both indictments at the same time. There was no formal order of consolidation. Before the jury was selected, the prosecutor...

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