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STATE v. WHITTAKER

741 A.2d 114 (1999)

326 N.J. Super. 252

STATE of New Jersey, Plaintiff-Respondent, v. David R. WHITTAKER, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1999.

Attorney(s) appearing for the Case

John T. Mullaney, Jr., Tinton Falls, for defendant-appellant.

Catherine A. Foddai, Deputy Attorney General, for plaintiff-respondent (John J. Farmer, Jr., Attorney General, attorney; Ms. Foddai, of counsel and on the brief).

Before Judges PRESSLER, CIANCIA and ARNOLD.

The opinion of the court was delivered by ARNOLD, J.S.C. (temporarily assigned).

Defendant David R. Whittaker appeals from convictions for various offenses including possession of a firearm, a revolver, with the purpose to use it unlawfully against Livey Sloan. We reverse the conviction for that offense because under the factual circumstances and the jury instructions defendant's acquittal of aggravated assault upon Livey Sloan with a firearm, the same revolver, bars...

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