STATE v. MILANO


94 N.J. Super. 337 (1967)

228 A.2d 347

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY MILANO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1967.


Attorney(s) appearing for the Case

Mr. Leonard Adler argued the cause for appellant (Messrs. Adler and Winick, attorneys, Mr. Irving I. Winick, on brief).

Mr. Elmer J. Skiba, Assistant County Prosecutor, argued the cause for respondent (Mr. Guy W. Calissi, Bergen County Prosecutor, attorney).

Before Judges CONFORD, FOLEY and LEONARD.


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

Defendant appeals from a judgment of conviction for larceny (N.J.S. 2A:119-2) entered upon a jury verdict.

The gravamen of the charge was that during regular shopping hours defendant took two shirts priced at $14.95 each from Gimbel's department store in Paramus, without paying therefor.

Defendant's primary ground of appeal is that the above cited general larceny statute has been impliedly...

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