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STATE v. DRAYTON

114 N.J. Super. 490 (1971)

277 A.2d 398

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ARTIS. L. DRAYTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 3, 1971.

Attorney(s) appearing for the Case

Mr. Harvey I. Marcus, designated counsel, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Elson P. Kendall, Assistant Prosecutor, argued the cause for respondent (Mr. Karl Asch, Union County Prosecutor, attorney).

Before Judges GOLDMANN, LEONARD and FRITZ.

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

Following a jury trial defendant appeals from convictions for assault with a deadly weapon (N.J.S.A. 2A:90-3) and for threatening to take the life of another (N.J.S.A. 2A:113-8). He was acquitted of a charge of atrocious assault and battery (N.J.S.A. 2A:90-1)

On September 28, 1968 defendant and Nathaniel Smith, the alleged victim, following an exchange of hostile words, engaged...

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