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STATE v. EARLE

112 N.J. Super. 523 (1970)

271 A.2d 911

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EMANUEL EARLE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 1970.

Attorney(s) appearing for the Case

Mrs. Sonia Napolitano, Assigned Attorney, argued the cause for appellant (Messrs. Teltser, Byrne & Greenberg, attorneys).

Mr. Richard F. Thayer, 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 judgment of conviction for atrocious assault and battery in violation of N.J.S.A. 2A:90-1. He was sentenced to State Prison for not less than five nor more than seven years.

A summary of the essential facts testified to by the victim, Joseph Lancellotti, follows: He was employed as a patrolman by the Lehigh Valley Railroad...

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