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STATE v. BYNES

109 N.J. Super. 105 (1969)

262 A.2d 420

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SAMUEL E. BYNES, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 1969.

Attorney(s) appearing for the Case

Mr. John Anthony Lombardi, assigned counsel, argued the cause for appellant.

Mr. Arthur J. Timins, Assistant Prosecutor, argued the cause for respondent (Mr. Leo Kaplowitz, Union County Prosecutor, attorney).

Before Judges KILKENNY, LABRECQUE and LEONARD.

PER CURIAM.

Defendant appeals from the trial court's denial of his application for post-conviction relief.

In 1963 defendant pleaded guilty to two charges of armed robbery and pleaded non vult to an indictment for murder. Thereafter, he was sentenced to long terms in State Prison.

Some years later he was called as a witness for the State in the prosecution of a participant in the same robbery which resulted in the murder. He refused to testify...

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