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STATE v. AVILES

49 N.J. 192 (1967)

229 A.2d 514

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ESTEBAN DUQUE AVILES, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 24, 1967.

Attorney(s) appearing for the Case

Mr. Robert W. Criscuolo argued the cause for appellant.

Mr. Martin J. Queenan, Prosecutor of Burlington County, submitted a brief as attorney for respondent and did not appear due to illness.

The opinion of the court was delivered

PER CURIAM.

This is an appeal by defendant from a verdict of guilty of murder in the second degree. He had previously been tried and a similar verdict had been rendered by the jury. We followed the ruling in Griffin v. State of California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965), and reversed his first conviction on the ground that the trial court erred in...

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