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STATE v. JOHNSON

109 N.J. Super. 69 (1970)

262 A.2d 238

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS A. JOHNSON, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1970.

Attorney(s) appearing for the Case

Mr. Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Robert L. Podvey, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. David S. Baime, Assistant Prosecutor, of counsel and on the brief).

Before Judges GOLDMANN, LEWIS and MATTHEWS.

The opinion of the court was delivered by GOLDMANN, P.J.A.D.

The principal question raised on this appeal is whether a defendant convicted of violating the Uniform Narcotic Drug Law (N.J.S.A. 24:18-1 et seq.) may be punished as a second offender under N.J.S.A. 24:18-47(c)(2) when the second violation occurred, and the indictment based thereon was entered, prior to his first conviction under the act. We hold that he may not.

Defendant appeals...

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