STATE OF NEW JERSEY v. GRAY


101 N.J. Super. 490 (1968)

244 A.2d 703

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

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1968.


Attorney(s) appearing for the Case

Mr. Kenneth S. Javerbaum, Assistant Deputy Public Defender, argued the cause for defendant-appellant (Mr. Peter Murray, Public Defender, attorney).

Mr. Archibald Kreiger, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney).

Before Judges GAULKIN, LEWIS and KOLOVSKY.


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

Defendant was convicted of possession and sale of narcotics and he appeals.

I

His first ground of appeal is that the trial judge erred in failing to charge the jury that no inference adverse to defendant was to be drawn from his failure to testify. However, no request to so charge was made before the judge charged the jury. After the charge, and by way of exception to it, defense counsel...

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