STATE v. BUTLER


112 N.J. Super. 305 (1970)

271 A.2d 17

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RALPH D. BUTLER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 1970.


Attorney(s) appearing for the Case

Mr. William J. Rohr, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Before Judges KILKENNY, HALPERN and LANE.


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

Defendant appeals from a denial of his application for post-conviction relief.

The undisputed facts are that when defendant was arrested in his apartment the police found 16 decks of heroin in his jacket and two packs of marihuana on the ground beneath his window which had been thrown there by defendant. He was charged in separate indictments with (a) unlawful "possession of a narcotic drug, to wit...

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