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STATE v. KLUBER

130 N.J. Super. 336 (1974)

327 A.2d 232

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. KARL HEINZE KLUBER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Resubmitted April 14, 1974.

Decided October 8, 1974.

Attorney(s) appearing for the Case

Mr. Richard W. Berg, Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. George F. Kugler, Jr., former Attorney General of New Jersey; Mr. John J. De Cicco, Deputy Attorney General, of counsel and on the brief).

Mr. William E. Norris, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

Before Judges COLLESTER, LYNCH and MICHELS.

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

Defendant was indicted for breaking and entering with intent to steal and larceny. At the conclusion of his trial the jury was unable to agree upon a verdict and was discharged by the trial judge. Thereafter, defendant moved pursuant to R. 3:18-2 for a judgment of acquittal, which was granted by the court. The State appeals. We withheld our decision to await the opinion rendered by our Supreme Court...

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