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STATE v. WILSON

112 N.J. Super. 581 (1971)

272 A.2d 304

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES S. WILSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 8, 1971.

Attorney(s) appearing for the Case

Mrs. Rosemary E. Reavey, 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 A. Fusco, Assistant Prosecutor, of counsel and on the brief; Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Before Judges CONFORD, KOLOVSKY and CARTON.

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

Defendant was indicted, tried by a jury and convicted on indictments charging attempted entry with intent to steal (N.J.S.A. 2A:94-1, N.J.S.A. 2A:85-5) and possession of burglary tools (N.J.S.A. 2A:94-3). He now appeals. His principal arguments for reversal are that the court erred in refusing to charge that mere preparation was insufficient...

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