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STATE v. BURNS

4 N.J. Super. 34 (1949)

66 A.2d 439

THE STATE, RESPONDENT, v. STEPHEN BURNS, APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 1949.

Attorney(s) appearing for the Case

Mr. Benjamin Asbell (Mr. Mitchell H. Cohen, attorney) argued the cause for the respondent.

Mr. Walter S. Keown argued the cause for the appellant.

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by BIGELOW, J.A.D.

The appellant Burns was tried in the Camden Quarter Sessions on an indictment containing three counts, the first of which charged an assault with a revolver and with intent to rob; the second, a simple assault and battery, and the third charged Burns with being an habitual criminal. The jury found him "guilty of assault with intent to rob," and thereupon the court imposed a sentence of imprisonment for life...

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