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STATE v. MAIK

114 N.J. Super. 470 (1971)

277 A.2d 235

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GARY S. MAIK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1971.

Attorney(s) appearing for the Case

Mr. Harold C. White, Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Alfred M. Bitting, Assistant Prosecutor, argued the cause for respondent (Mr. Dominick J. Ferrelli, Burlington County Prosecutor, attorney).

Before Judges KILKENNY, HALPERN and LANE.

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

On June 12, 1970 defendant was found guilty by a jury of murder in the second degree (N.J.S.A. 2A:113-2). He was sentenced to the New Jersey Reformatory for an indeterminate term, but the sentencing judge imposed a maximum of 25 years. N.J.S.A. 30:4-148.

On this appeal defendant contends: (1) the trial court erred in its charge on legal...

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