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STATE v. HAWKINS

178 N.J. Super. 321 (1981)

428 A.2d 1322

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HARVEY LEE HAWKINS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1981.

Attorney(s) appearing for the Case

John J. Degnan, Attorney General, attorney for appellant (Donald S. Coburn, Essex County Prosecutor, of counsel; John S. Redden, Assistant Essex County Prosecutor, on the brief).

No brief submitted on behalf of respondent.

Before Judges FRITZ, POLOW and JOELSON.

PER CURIAM.

Defendant was indicted with Thomas Eckert and Donna Ann Eckert for conspiracy to violate the narcotics laws. The indictment did not allege the existence of any unindicted or unnamed coconspirators. The three defendants were tried together. The jury found Thomas and Donna Ann Eckert not guilty, but found defendant guilty. Defendant then moved for a judgment of acquittal, contending that the acquittal of the two codefendants precluded the conviction of defendant...

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