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STATE v. SOUTHARD

144 N.J. Super. 501 (1976)

366 A.2d 692

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

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1976.

Attorney(s) appearing for the Case

Mr. E. Neal Zimmermann argued the cause for defendant-appellant (Messrs. Conway and Belsole, attorneys).

Mr. Michael R. Ascher, Deputy Attorney General, argued the cause for plaintiff-respondent (Mr. William F. Hyland, Attorney General, attorney).

Before Judges LYNCH, LARNER and HORN.

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

This appeal involves the sufficiency of an affidavit underlying the issuance of a search warrant.

The trial judge denied the motion to suppress. After a jury trial defendant was convicted of one count in the indictment which charged him with possession of a stolen tractor, in violation of N.J.S.A. 2A:139-3. The judge thereafter imposed a suspended...

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