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STATE v. SMITH

101 N.J. Super. 10 (1968)

242 A.2d 870

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK SMITH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1968.

Attorney(s) appearing for the Case

Mr. Claude J. Minter, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Peter Murray, Public Defender, attorney).

Mr. Matthew J. Scola, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. Lawrence S. Schwartz, Assistant Prosecutor, of counsel and on the brief).

Before Judges CONFORD, COLLESTER and LABRECQUE.

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

Only one substantial issue is raised in this appeal by defendant from a conviction of entering with intent to steal, larceny, and receiving a stolen automobile.

Defendant was apprehended by the Newark police as one of a pair of suspects seen in circumstances suggestive of their guilt of theft of television sets from apartments in a housing project....

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