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STATE v. SCHENK

100 N.J. Super. 122 (1968)

241 A.2d 267

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GERALD SCHENK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 22, 1968.

Attorney(s) appearing for the Case

Mrs. Esther Strum Frankel argued the cause for appellant (Messrs. Frankel & Frankel, attorneys).

Mr. Rushton H. Ridgway, Assistant County Prosecutor, argued the cause for respondent (Mr. Joseph Tuso, County Prosecutor, attorney).

Before Judges CONFORD, COLLESTER and LABRECQUE.

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

Defendant Gerald Schenk appeals from a conviction, following a jury trial, on an indictment for arson which charged that on August 27, 1965 he did "willfully, maliciously and feloniously burn the dwelling house of William Roberts * * * contrary to the provisions of N.J.S. 2A:89-1."

The State contended at the trial that shortly after 1 A.M. on...

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