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STATE v. SCHMIDT

110 N.J. 258 (1988)

540 A.2d 1256

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT G. SCHMIDT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 16, 1988.

Attorney(s) appearing for the Case

Mark P. Denbeaux argued the cause for appellant.

John J. Scaliti, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by O'HERN, J.

The defendant stands convicted of conspiracy to distribute cocaine. The central question in his appeal is whether an appellate court may use that conspiracy conviction as the theory for sustaining a substantive conviction of possession of the drugs without submitting that theory to the jury. The case concerns the criminal liability of defendant as the alleged leader of...

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