STATE v. WIGFALL


70 N.J. Super. 506 (1961)

176 A.2d 9

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS WIGFALL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 1961.


Attorney(s) appearing for the Case

Mr. William T. Wachenfeld (assigned counsel) argued the cause for defendant-appellant.

Mr. Brendan T. Byrne, County Prosecutor of Essex County, argued the cause for plaintiff-respondent.

Before Judges PRICE, SULLIVAN and LEONARD.


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

Defendant Thomas Wigfall and one Joseph Morton were convicted in the County Court as the result of an indictment charging them with conspiracy to commit robbery in violation of N.J.S. 2A:98-1. Only Wigfall appeals.

The sole ground of appeal presents the issue whether, under the circumstances here present, defendant was entitled, absent a request therefor, to have the trial court in its...

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