STATE v. ANDRIAL


150 N.J. Super. 198 (1977)

375 A.2d 292

STATE OF NEW JERSEY, PLAINTIFF, v. JULIO ANDRIAL, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal).

Decided April 1, 1977.


Attorney(s) appearing for the Case

Mr. Dennis McAlevy for defendant (Messrs. Russell & McAlevy, attorneys).

Mr. Walter Schreyer, Assistant Prosecutor for plaintiff (Mr. James T. O'Halloran, Prosecutor of Hudson County, attorney).


THURING, J.S.C.

This matter is before the court on an application by the State for an instruction to the jury on "flight."

On the fourth day of trial defendant failed to appear at the start of the morning court session. The court directed that inquiry be made as to his whereabouts. Outside the presence of the jury testimony was taken from the mother of defendant's girlfiend to the effect that defendant and the witness' daughter had at 4 A.M. on the previous...

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