STATE v. McMAHON


183 N.J. Super. 97 (1981)

443 A.2d 258

STATE OF NEW JERSEY, PLAINTIFF, v. WALTER W. McMAHON AND MICHAEL D'AMICO, DEFENDANTS.

Superior Court of New Jersey, Law Division (Criminal), Salem County.

Decided December 16, 1981.


Attorney(s) appearing for the Case

Edgar Hathaway, Jr., Assistant Prosecutor, for plaintiff.

Charles J. Sprigman, Jr., for defendant Walter W. McMahon.

Angelo J. Falciani, for defendant Michael D'Amico.


TELSEY, J.S.C.

On May 14, 1981 an altercation occurred between D'Amico and McMahon, resulting in separate indictments against each defendant for threat to kill, aggravated assault with a deadly weapon and reckless endangerment.

Defendants have moved to consolidate both indictments for purposes of trial pursuant to R. 3:15-1(a), "Permissible Joinder," alleging that they would be prejudiced by separate trials. The rule states:

The court may order...

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