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STATE v. JOHNSON

235 N.J. Super. 547 (1989)

563 A.2d 851

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EUGENE JOHNSON, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 16, 1989.

Attorney(s) appearing for the Case

Carolyn Anita Parks, Assistant Deputy Public Defender and Matthew Astore, Deputy Public Defender II, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; Carolyn Anita Parks, of counsel; Matthew Astore and Mark H. Friedman, Assistant Deputy Public Defender, on the brief).

Mildred Vallerini Spiller, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Mildred Vallerini Spiller, of counsel and on the brief).

Before Judges MICHELS, LONG and MUIR, Jr.

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

Tried to a jury, defendant Eugene Johnson, Jr., was convicted of murder in the second degree for the killing of Marie McDonald (McDonald) on or about May 16, 1979, in Camden, New Jersey, in violation of N.J.S.A. 2A:113-1 and -2 (repealed by L. 1978, c. 95, § 2C:98-2, effective September 1, 1979). The trial court committed defendant to the custody of the Commissioner of the Department...

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