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STATE v. BELL

102 N.J. Super. 70 (1968)

245 A.2d 370

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILEY BELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1968.

Attorney(s) appearing for the Case

Mrs. Marcia R. Richman, 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, Prosecutor of Essex County, attorney).

Before Judges CONFORD, LABRECQUE and HALPERN.

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

Defendant Wiley Bell appeals from judgments of conviction entered upon two indictments, each charging assault and battery upon a police officer acting in the performance of his duty, N.J.S. 2A:90-4, and a single indictment charging attempted escape, N.J.S. 2A:104-6.

We are called upon to determine (1) whether the court committed prejudicial error in instructing the jury...

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