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STATE v. HAY

153 N.J. Super. 346 (1977)

379 A.2d 858

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM HAY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 1977.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. Gerald P. Boswell, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent (Mr. Richard W. Berg, Deputy Attorney General, of counsel and on the brief).

Before Judges ALLCORN, MORGAN and HORN.

PER CURIAM.

At issue in this appeal is whether proof of possession of a machete is, without consideration of the circumstances in which it was possessed, an offense condemned by N.J.S.A. 2A:151-41(c).

In this nonjury trial the evidence disclosed that when the vehicle driven by defendant was stopped for a traffic violation (overdue inspection) the machete was found in plain view in the rear of the car...

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