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STATE v. BOONE

66 N.J. 38 (1974)

327 A.2d 661

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN BOONE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided November 7, 1974.

Attorney(s) appearing for the Case

Mr. Michael A. Graham, Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Graham, of counsel and on the brief).

Mr. John H. Ratliff, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Ratliff, of counsel and on the brief).

The opinion of the Court was delivered by PASHMAN, J.

Defendant appealed his conviction to the Appellate Division challenging there the propriety of the trial court's failure to grant a mistrial after the jury learned of the defendant's prior guilty plea, later withdrawn by leave of court. The Appellate Division reversed. State v. Boone, 125 N.J.Super. 112 (App. Div. 1973). We granted the

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