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STATE v. JONES

104 N.J. Super. 57 (1968)

248 A.2d 554

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EVERETT LEROI JONES, CHARLES MCCRAY AND BARRY WYNN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1968.

Attorney(s) appearing for the Case

Mr. Raymond A. Brown argued the cause for appellants.

Mr. Matthew J. Scola, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Before Judges GAULKIN, COLLESTER and LABRECQUE.

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

Defendants were convicted and sentenced for the unlawful possession of weapons, N.J.S. 2A:151-41, and they appeal. They contend that (1) the court's charge was improper in that it went beyond permissible comment on the evidence; (2) the arrest and search of defendants was without probable cause, was conducted with excessive force and was otherwise...

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