STATE v. WALTON


159 N.J. Super. 408 (1978)

388 A.2d 268

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES WALTON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1978.


Attorney(s) appearing for the Case

Ms. Susan M. Scarola, Assistant Prosecutor, argued the cause for the appellant (Mr. John H. Stamler, Union County Prosecutor, attorney).

Mr. Edward Kopelson, Assistant Deputy Public Defender, argued the cause for the respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

Before Judges FRITZ, BOTTER and ARD.


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

On leave granted, the State appeals from an order granting a motion of James Walton to suppress certain evidence seized without a warrant from the rear of defendant's motor vehicle. After the seizure defendant and another were indicted on various charges of breaking and entering with intent to steal, larceny, possession of burglary tools and receiving stolen property.

The evidence before the trial court...

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