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STATE v. CHANEY

160 N.J. Super. 49 (1978)

388 A.2d 1283

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK J. CHANEY AND JOHNNIE CHANEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1978.

Attorney(s) appearing for the Case

Ms. Barbara R. Lependorf, designated counsel, argued the cause for appellants (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Alan Dexter Bowman, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. William F. Hyland, former Attorney General of New Jersey, on the brief).

Before Judges LORA, SEIDMAN and MILMED.

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

Frank J. Chaney1 and his brother, Johnnie Chaney, were indicted for (1) the murder of one Alvin Gaillard, "then and there being armed with and having in their possession a certain dangerous weapon, to wit, a revolver," in violation of N.J.S.A. 2A:113-1; 2A:113-2 and 2A:151-5; (2) an assault upon one Cheryl Daniels (referred to at the trial as Cheryl Rencher) with a dangerous...

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