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STATE v. MAYBERRY, ET AL.

52 N.J. 413 (1968)

245 A.2d 481

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BOBBY LEVON MAYBERRY, WILLIAM JOHN KESTNER, AND JOHN R. MILLER, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey..

Argued May 7, 1968.

Decided July 23, 1968.

Attorney(s) appearing for the Case

Mr. Joseph H. Kenney argued the cause for appellant Bobby Levon Mayberry.

Mr. William B. Scatchard, Jr. argued the cause for appellant William John Kestner.

Mr. Theodore Tarter argued the cause for appellant John R. Miller.

Messrs. Rudolph J. Rossetti and John P. Jehl, Assistant Prosecutors, argued the cause for respondent State of New Jersey; Mr. A. Donald Bigley, Camden County Prosecutor, attorney.

The opinion of the court was delivered by JACOBS, J.

The defendants were convicted of murder in the first degree with recommendations of life imprisonment and were so sentenced. They appealed to this Court as of right under former R.R. 1:2-1(c).

On August 27, 1965 the three defendants drove to a bar located near the Rickshaw Inn, Cherry Hill, New Jersey. Mayberry and Kestner were in a car which had been rented in the name of Elmer Swartwood and Miller...

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