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STATE v. HARRIS

70 N.J. Super. 9 (1961)

174 A.2d 645

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD A. HARRIS, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1961.

Attorney(s) appearing for the Case

Mr. Samuel Rosenthal, assigned counsel, argued the cause for appellant.

Mr. Donald H. Mintz, Assistant Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney; Mr. Mintz, on the brief).

Before Judges GOLDMANN, FOLEY and LEWIS.

GOLDMANN, S.J.A.D.

Defendant was indicted, tried and found guilty by a jury of rape (N.J.S. 2A:138-1) and robbery (N.J.S. 2A:141-1). His motion for a new trial was denied. Defendant was sentenced to State Prison terms of 15-20 years and 5-10 years for these respective crimes, the sentences to run consecutively. On this in forma pauperis appeal he seeks reversal because (1) the remarks of the prosecutor in summation constituted an appeal to bias...

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