STATE v. FOX


12 N.J. Super. 132 (1951)

79 A.2d 76

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FELIX FOX, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1951.


Attorney(s) appearing for the Case

Mr. Maurice J. McKeown argued the cause for the respondent (Mr. Richard J. Congleton, Essex County Prosecutor; Mr. C. William Caruso, Legal Assistant Prosecutor).

Mr. Gerald T. Foley 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 was convicted by a jury of receiving paint brushes that had been stolen from the M.B. Paint Specialties Company, contrary to the provisions of R.S. 2:164-1.

One of the reasons urged for reversal is the denial of appellant's motion for acquittal at the conclusion of the State's case. Such a motion now takes the place of a motion to...

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