STATE v. McELROY


96 N.J. Super. 582 (1967)

233 A.2d 677

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT v. ELAH C. McELROY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 21, 1967.


Attorney(s) appearing for the Case

Mr. Eugene I. Osterweil, assigned counsel, argued the cause for appellant.

Mr. Barry H. Evenchick, Assistant Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, County Prosecutor, attorney).

Before Judges CONFORD, COLLESTER and LABRECQUE.


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

Defendant appeals from his conviction of the crime of armed robbery.

A brief statement of the facts will suffice. On the evening of June 12, 1964, while walking on Bergen Street near the corner of Mapes Avenue in Newark, Carol Hunt was assaulted and robbed by a man armed with a knife. He took her pocketbook containing $10 and ran down Mapes Avenue. She identified defendant as her assailant at the...

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