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STATE v. SCHNEIDER

33 N.J. 451 (1960)

165 A.2d 299

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID SCHNEIDER AND JOHN T. SOJA, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided November 21, 1960.

Attorney(s) appearing for the Case

Mr. William D. Danberry, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Edward J. Dolan, Middlesex County Prosecutor, attorney).

Mr. David I. Stepacoff argued the cause for defendant-appellant David Schneider.

Mr. Morris Spritzer argued the cause for defendant-appellant John T. Soja.

PER CURIAM.

Defendants were convicted of extortion. No appeal was pursued. About 31 months later a motion for a new trial was made on the ground of newly discovered evidence. Following the denial thereof an appeal was taken to the Appellate Division where the order was affirmed in a short per curiam opinion. Rehearing was applied for and refused. Defendants then appealed to this court, alleging that the original conviction resulted from the use of perjured...

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