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STATE v. SCELFO

58 N.J. Super. 472 (1959)

156 A.2d 714

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES SCELFO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1959.

Attorney(s) appearing for the Case

Mr. Nicholas Martini argued the cause for defendant-appellant.

Mr. Archibald Kreiger, Legal Assistant to Prosecutor, argued the cause for plaintiff-respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney).

Before Judges PRICE, SULLIVAN and FOLEY.

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

Defendant appeals from a conviction of the crime of bookmaking (N.J.S. 2A:112-3) entered in the Passaic County Court on a jury verdict.

The sole defense to the indictment was that defendant was legally insane at the time of the commission of the acts alleged therein. On this appeal it is urged (1) that the evidence of defendant's insanity having been uncontradicted medically, the trial court...

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