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STATE v. HOWARD

125 N.J. Super. 39 (1973)

308 A.2d 366

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DANNY JENKINS HOWARD, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 23, 1973.

Attorney(s) appearing for the Case

Mr. Michael H. Stieber, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Mrs. Mary A. Aurigemma, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. David P. Jacobs, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges COLLESTER, LEONARD and HALPERN.

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

The State appeals from an order granting defendant's motion to dismiss an indictment charging him with the unlawful possession of a straight razor in violation of N.J.S.A. 2A:151-41(c).

N.J.S.A. 2A:151-41, which prohibits the carrying of dangerous weapons without a permit or identification card, provides in pertinent part that any person who carries on or about his clothes or person...

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