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State v. Hammond

New Jersey Superior Court, Appellate Division


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.

[107 NJSuper Page 590]

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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