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STATE v. KIMBROUGH

109 N.J. Super. 57 (1970)

262 A.2d 232

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROGER KIMBROUGH AND JAMES WADE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 17, 1970.

Attorney(s) appearing for the Case

Mr. Richard Newman, Deputy Public Defender, argued the cause for appellants (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. David S. Baime, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, County Prosecutor, attorney).

Before Judges CONFORD, COLLESTER and KOLOVSKY.

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

Defendants appeal from convictions following a jury trial on an indictment charging them with knowingly receiving a stolen automobile contrary to N.J.S.A. 2A:139-1. The indictment and trial of defendants was prior to State v. Bott, 53 N.J. 391 (1969), which held that a charge of receiving a stolen motor vehicle should be prosecuted for violation of N.J.S.A...

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