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STATE v. SMITH

137 N.J. Super. 89 (1975)

347 A.2d 816

STATE OF NEW JERSEY, v. JAMES SMITH a/k/a JAMES BRAITHWAITE, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 6, 1975.

Attorney(s) appearing for the Case

Mr. Archibald Kreiger, Assistant Prosecutor, for the State (Mr. Thomas J. Shusted, Camden County Prosecutor, attorney).

Mr. James H. Klein, Deputy Assistant Public Defender, for defendant (Mr. Stanley Van Ness, Public Defender, attorney).

KING, J.C.C., Temporarily Assigned.

Defendant here is charged in a seven-count indictment and moves prior to trial for a severance of the final count on the grounds of prejudicial joinder. The relevant rules state:

Rule 3:7-6 — Joinder of Offenses

Two or more offenses may be charged in the same indictment or accusation in a separate count for each offense if the offenses charged, whether...

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