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STATE v. LUEDER

137 N.J. Super. 67 (1975)

347 A.2d 805

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT MARK LUEDER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1975.

Attorney(s) appearing for the Case

Mr. John H. Ratliff, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Edward T. O'Donnell, of Robinson, Wayne and Greenberg, designated counsel, of counsel and on the brief).

Mr. Howard E. Drucks, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges MATTHEWS, LORA and MORGAN.

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

At approximately 8 P.M. on January 22, 1969 an unknown person, apparently a Caucasian male, armed with a gun, robbed D'Amico's Liquor Store in Magnolia, New Jersey. In the store at the time were the owner, Harry D'Amico, and a customer, Henry Colman. The perpetrator of this robbery wore a dark car coat and a white mask which covered his head and shoulders except for his eyes and the top of

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