STATE v. BOWENS


101 N.J. Super. 193 (1968)

243 A.2d 847

THE STATE OF NEW JERSEY, PLAINTIFF, v. HARRY C. BOWENS, DEFENDANT.

Superior Court of New Jersey, Essex County Court, Law Division — Criminal.

Decided May 16, 1968.


Attorney(s) appearing for the Case

Mr. Elmer J. Herrmann, Jr., Assistant Prosecutor, for the State (Mr. Joseph P. Lordi, Prosecutor of Essex County, attorney).

Mr. George B. Henkel for defendant (Messrs. Marinello, Henkel, Soriano & Klein, attorneys).


YANCEY, J.C.C.

This is a motion for post-conviction relief, pursuant to R.R. 3:10A-1 et seq.

Defendant was convicted of rape by an Essex County jury on January 28, 1966. A complaint about the trial judge's charge was dropped as more appropriate to a direct appeal, and defendant contends on this motion that:

(1) An exculpatory statement taken from him by police officers with respect to the offense and later used at the trial to...

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