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STATE v. STERN

40 N.J. Super. 291 (1956)

123 A.2d 43

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MARCEL BARRY STERN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1956.

Attorney(s) appearing for the Case

Mr. Charles V. Webb, Jr., Essex County Prosecutor, argued the cause for the appellant.

Mr. Samuel I. Kessler argued the cause for the respondent (Messrs. Kessler & Kessler, attorneys; Mr. William A. Ancier, on the brief).

Before Judges CLAPP, JAYNE and FRANCIS.

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

On this motion the prosecutor seeks leave to appeal from an interlocutory order of the trial court granting a hearing to the defendant under N.J.S. 2A:163-2 for the purpose of determining in advance of trial whether he was legally insane at the time of commission of certain alleged crimes.

It appears that in January 1955 defendant Stern...

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