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STATE v. CORBY

28 N.J. 106 (1958)

145 A.2d 289

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROY ALLEN CORBY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 20, 1958.

Attorney(s) appearing for the Case

Mr. Sol Schulman, Assistant Prosecutor, argued the cause for respondent (Mr. Lawrence A. Whipple, Hudson County Prosecutor; Mr. Frank J.V. Gimino, on the brief).

Mr. Jack B. Kirsten argued the cause for appellant (Mr. Joseph M. Schoenberg, attorney).

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

Defendant was convicted of armed robbery in the County Court. Upon affirmance of the conviction in the Appellate Division (47 N.J.Super. 493), we granted certification.

Only one reason for reversal is now urged, namely, that the trial court erred in charging the jury with respect to the defendant's failure to testify in...

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