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STATE v. BARNES

261 N.J. Super. 441 (1993)

619 A.2d 248

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RALPH E. BARNES, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 15, 1993.

Attorney(s) appearing for the Case

McDonald, Rogers & Rizzolo, attorneys for appellant (Michael J. Rogers, on the brief).

Nicholas L. Bissell, Jr., Somerset County Prosecutor, attorney for respondent (Nicholas A. Giuditta, III, Assistant Prosecutor, of counsel and on the brief).

Before Judges ANTELL, DREIER and SKILLMAN.

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

Defendant was indicted for attempted burglary of an automobile, in violation of N.J.S.A. 2C:5-1 and N.J.S.A. 2C:18-2a, and aggravated assault upon a law enforcement officer, in violation of N.J.S.A. 2C:12-1b(5).

A jury was empaneled on Tuesday, October 22, 1991, and the parties were directed to be ready to proceed the following morning. On the morning of October 23, 1991, the assistant...

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