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State v. Miller

Decided: September 1, 1976.

STATE OF NEW JERSEY, PLAINTIFF,
v.
EUGENE MILLER, DEFENDANT



Arnone, J.s.c.

Arnone

The resolution of this matter, defendant's motion for a new trial, requires an examination of the recent mandate of the Supreme Court in State v. Carter , 69 N.J. 420 (1976).

Defendant was indicted, along with another defendant severed for trial, as a result of an alleged robbery and shooting at the Asbury Park Youth Center on February 13, 1976. Specifically, defendant was charged as follows:

Count 1 -- Conspiracy to rob one Nellie Martelli;

Count 2 -- Robbery of Nellie Martelli;

Count 3 -- Armed feature;

Count 4 -- Assault with intent to kill Thomas Barrett;

Count 5 -- Assault and battery on Thomas Barrett, who was serving as a police officer in the performance of his duties;

Count 6 -- Carrying a pistol without a permit.

At the trial Nellie Martelli, who was the owner of Asbury Park Youth Center, identified defendant as the man who had held a gun on her and had robbed the store. The robbery had taken about five minutes. The witness described the robber as a black male, about 5'10", who was wearing a small knit hat and a small check coat. The witness also saw the robber stuff the money taken into a brown shopping bag. As the robbers left the store the witness saw a policeman and screamed for help.

That policeman was Officer Morales, who identified Miller as the man he saw running from the Youth Center. Morales gave chase, along with fellow officer Barrett. Barrett caught one of the suspects and struggled with him. During the struggle Barrett was shot in the stomach. Barrett identified the person who shot him as Eugene Miller, the defendant.

Mary Shea was working at the Youth Center on February 13 and she testified that Miller looked ...


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