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STATE v. PRESHA

60 N.J. 102 (1972)

286 A.2d 77

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EUTHER PRESHA AND PHILIP MARTIN RIVERS, DEFENDANTS-APPELLANTS. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER LEE WHITE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 17, 1972.

FRANCIS, J. (dissenting).

I dissent for the reasons expressed in my dissent in State v. Funicello, 60 N.J. 60 (1972).

On the interlocutory appeal of defendant White (116 N.J.Super. 415 (Law Div. 1971)), I would reverse the trial court's order and reinstate the death penalty as a triable issue to be determined by a jury. On the appeal of defendant Rivers, in which his co-defendant...

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