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STATE v. VITALE

35 N.J. Super. 568 (1955)

114 A.2d 570

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARCO VITALE, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 1955.

Attorney(s) appearing for the Case

Mr. Benjamin Shanefield argued the cause for appellant (Messrs. Braff & Litvak, attorneys; Mr. Shanefield, of counsel).

Mr. C. William Caruso, Special Legal Assistant Prosecutor, argued the cause for the State (Mr. Charles V. Webb, Jr., County Prosecutor, attorney; Mr. Caruso, on the brief).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Defendant was tried and convicted in the Essex County Court before a judge sitting without a jury (defendant had waived trial by jury) of the crime of receiving stolen property, in violation of N.J.S. 2A:139-1, formerly N.J.S.A. 2:164-1. The indictment charged that on January 2, 1954, at Newark, defendant "did knowingly receive and have 1 safe of the value of $100.00, the goods and chattels...

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