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State v. Whipple

Decided: January 31, 1978.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBERT WHIPPLE, DEFENDANT-APPELLANT



Halpern, Larner and King.

Per Curiam

A jury convicted defendant of the armed robberies of two liquor stores on May 25, 1972, namely, Klotz Beverage Emporium (Klotz) and the Parkway Wine and Liquor Store (Parkway). Two of his confederates were also tried for the same offenses, and a third turned State's evidence and testified fully to what occurred before, during and after the robberies. We are here concerned only with the appeal by defendant Whipple.

The Parkway armed robbery involved defendant and his confederates robbing Aaron Melman and Harold Huschke, and assaulting Samuel Melman with a weapon. The Klotz armed robbery, which took place within one-half hour before the Parkway armed robbery, involved defendant and his confederates [156 NJSuper Page 49] robbing Philip Klotz*fn1 and assaulting Richard Player and Elijah Sapp with a weapon. The offenses, as charged in the separate counts, the victims involved and the sentences imposed on defendant can best be illustrated by the following:

COUNT OFFENSE VICTIM WHIPPLE'S SENTENCE

I Robbery A. Melman 6-8 years

II Robbery while armed A. Melman 2-3 years concurrent

with I.

III Robbery H. Huschke 6-8 years concurrent

with I.

IV Robbery while armed H. Huschke 2-3 years concurrent

with III.

VAssault with weapon H. Huschke ...


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