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STATE v. FRANKLAND

51 N.J. 221 (1968)

238 A.2d 680

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DONALD R. FRANKLAND, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 19, 1968.

Attorney(s) appearing for the Case

Mr. Harold N. Springstead, Assistant Prosecutor, argued the cause for plaintiff-appellant (Mr. Guy W. Calissi, Bergen County Prosecutor, attorney and of counsel; Mr. Thomas J. Gallahue, Jr., Special Assistant Prosecutor, on the brief).

Mr. William E. Logan argued the cause for defendant-respondent (Messrs. Logan & Logan, attorneys).

The opinion of the court was delivered PER CURIAM.

After a jury trial in the Bergen County Court the defendant was convicted of willfully setting fire to a motor vehicle in violation of N.J.S. 2A:89-2. At the trial the defendant testified that he was too intoxicated at the time of the alleged offense to recall his activities. Notwithstanding this claim of lack of memory due to intoxication, the defendant denied committing the act. Two police officers testified...

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