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STATE v. TAPIA

113 N.J. Super. 322 (1971)

273 A.2d 769

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JUAN R. TAPIA AND CARMELO V LABOY, DEFENDANTS-APPELLANTS, AND JOSE MANUEL RODRIGUEZ, JORGE HERNANDEZ AND FELIX A. RIVERA, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 1971.

Attorney(s) appearing for the Case

Mr. Edward Weisslitz, Assistant Deputy Public Defender, argued the cause for appellants (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Solomon Forman, Assistant Prosecutor, argued the cause for respondent (Mr. Robert N. McAllister, Jr., Atlantic County Prosecutor, attorney; Mr. Ernest M. Curtis, Assistant Prosecutor, on the brief).

Before Judges KILKENNY, HALPERN and LANE.

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

The Atlantic County grand jury jointly indicted five men for the murder of one Albert Flacco on November 30, 1968 in Atlantic City, contrary to the provisions of N.J.S.A. 2A:113-1 and 2A:113-2. Because of the complexity of the names of those indicted, we shall for the sake of simplicity refer to them hereinafter as Tapia, Laboy, Hernandez, Rodriguez...

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