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STATE v. DENT

51 N.J. 428 (1968)

241 A.2d 833

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL FREDERICK DENT, DEFENDANT-APPELLANT. THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HARVEY FRANKLIN, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 6, 1968.

Attorney(s) appearing for the Case

Mr. Jeremiah D. O'Dwyer argued the cause for appellant Michael Frederick Dent (Mr. Peter Murray, Public Defender of New Jersey, attorney).

Mr. Robert L. Sheldon argued the cause for appellant Harvey Franklin (Mr. Peter Murray, Public Defender of New Jersey, attorney).

Mr. Joseph A. Hoffman, Assistant Attorney General, argued the cause for respondent (Mrs. Virginia Long Annich, Deputy Attorney General, on the brief; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

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

Defendants were charged with the robbery-murder of Benjamin Caruso at his home in Plainfield, New Jersey, in the early morning hours of August 7, 1966. On April 20, 1967, a jury found them guilty of first degree murder. The verdict not being accompanied by a recommendation of life imprisonment, the trial court imposed the death penalty. Both defendants have appealed therefrom directly to this Court under R.R...

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