The opinion of the court was delivered by COLLESTER, J.A.D.
Defendant appeals from a conviction by a jury on an indictment charging him with the crime of breaking and entering Whitey's Tavern in Scotch Plains with intent to steal, in violation of N.J.S. 2A:94-1. This was the third trial of the indictment. Defendant's conviction on the first trial was reversed on appeal.
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