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STATE v. GEAR

115 N.J. Super. 151 (1971)

278 A.2d 511

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIE GEAR, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1971.

Attorney(s) appearing for the Case

Mr. David L. Horuvitz argued the cause for appellant (Mr. Sheldon C. Schulman, on the brief).

Mr. Gerard J. DiNicola, Salem County Prosecutor, argued the cause for respondent.

Before Judges GOLDMANN, LEONARD and FRITZ.

PER CURIAM.

Defendant was indicted for possession of lottery slips (N.J.S.A. 2A:121-3), found guilty by a jury and sentenced to a State Prison term of 1-2 years and fined $1,000. The appeal was filed and bail continued immediately after sentence was pronounced.

The single argument advanced is that it was error to permit Detective McManus, who participated in defendant's apprehension and arrest, to testify...

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