STATE v. TRUNFIO


58 N.J. Super. 445 (1959)

156 A.2d 486

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEO TRUNFIO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 1959.


Attorney(s) appearing for the Case

Mr. William C. Brudnick, Special Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Guy W. Calissi, Bergen County Prosecutor).

Mr. Joseph G. Liebman argued the cause for defendant-appellant (Mischel & Liebman, attorneys).

Before Judges GAULKIN, SULLIVAN and FOLEY.


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

Defendant was convicted of larceny and he appeals.

His first contention is that "Motion for Judgment of Acquittal * * * should have been granted since the stolen property was not that of Wilson Freight Forwarding Company, Inc. as stated in the indictment."

The indictment charged that defendant and another "did steal, take and carry away 12 cases of Seagram's whiskey in all of the value of $660...

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