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STATE v. GARDNER

51 N.J. 444 (1968)

242 A.2d 1

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LESTER L. GARDNER, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 6, 1968.

Attorney(s) appearing for the Case

Mr. Rudolph J. Rossetti argued the cause for plaintiff-respondent (Mr. Albert J. Scarduzio, Deputy Attorney General in Charge, Camden County Prosecutor's Office, attorney; Mr. Rudolph J. Rossetti, Deputy Attorney General, Acting Assistant Prosecutor, on the brief).

Mr. Charles Lee Harp, Jr., argued the cause for defendant-appellant.

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

At about 9:45 in the evening of May 4, 1964 Richard Lukasiak was severely beaten in the parking lot of the Red Eagle Tavern, Cherry Hill. Lukasiak who was six feet two inches tall and weighed 195 pounds, was taken by ambulance to the Cherry Hill Hospital and transferred from there to the Episcopal Hospital in Philadelphia, Pa. for special treatment. He expired at 6:45 A.M., May 5, 1964 without having regained consciousness...

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