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State v. Hammond

Decided: December 18, 1969.

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CLAUDE HAMMOND, DEFENDANT-APPELLANT



Conford, Collester and Kolovsky.

Per Curiam

[107 NJSuper Page 589] The trial court erred in limiting the six defendants, including appellant, to ten peremptory challenges collectively, rather than allowing them ten each. N.J.S. 2A:78-7; R.R. 3:7-2(c) (now R. 1:8-3(d)). See State v. Rogers , 19 N.J. 218, 227 (1955). Common legal representation at trial does not affect the right.

Defendants exhausted the ten peremptory challenges allowed by the court. Denial of the right to the specified number of peremptory challenges is prejudicial per se. See Wright v. Bernstein , 23 N.J. 284, 295 (1957).

There was no error in the other grounds of appeal argued, but for the reason stated the conviction must be and is

Reversed.

19691218 ...


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