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STATE v. FREEMAN

64 N.J. 66 (1973)

312 A.2d 143

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES FREEMAN AND JAMES SMITH, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 4, 1973.

Attorney(s) appearing for the Case

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Mr. Robert J. Konzelman, Assistant Deputy Public Defender, argued the cause for respondents (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the Court was delivered by PASHMAN, J.

Defendants were found guilty by a jury of robbery and assault with intent to commit sodomy. On appeal, in an unreported opinion the Appellate Division reversed the convictions on the ground that the trial judge committed error in his charge to the jury. We granted the State's petition for certification. 64 N.J. 151 (1973).

The State contends that the Appellate Division erred...

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