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STATE v. BURGESS

97 N.J. Super. 428 (1967)

235 A.2d 231

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROGER L. BURGESS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1967.

Attorney(s) appearing for the Case

Mr. Dimitry G. Nicola argued the cause for appellant.

Mr. Lawrence S. Schwartz, Assistant County Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney; Mr. James R. Zazzali, of counsel and on the brief).

Before Judges KILKENNY, CARTON and MOUNTAIN.

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

Defendant was convicted by a jury of conspiring to obtain money by false pretenses N.J.S. 2A:98-1. He seeks a reversal on the grounds that the indictment under which he was charged was fatally defective and that certain other errors were committed by the trial judge.

The indictment charged that defendant Burgess and another defendant (Mansueto) conspired with Solomon and Coleman (who were not...

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