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STATE v. GIBSON

126 N.J. Super. 25 (1973)

312 A.2d 662

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EDDIE LEE GIBSON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1973.

Attorney(s) appearing for the Case

Mr. Stephen R. Champi, Somerset County Prosecutor, attorney for appellant (Mr. Leonard N. Arnold, Assistant Prosecutor, of counsel and on the brief).

Messrs. Rodriguez, Corodemus & Justin, attorneys for respondent (Mr. Michael R. Justin, on the brief).

Before Judges LEONARD, ALLCORN and CRAHAY.

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

Defendant was convicted by a jury of possession of heroin in violation of N.J.S.A. 24:21-20, and thereupon moved for a new trial on the ground that the trial court erred in denying his request that the jury be instructed that if they found that the involved heroin was intended for defendant's own use, they could find him guilty as a disorderly person under N.J.S.A. 24:21-20(b). The motion was granted...

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