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STATE v. WIGGINS

158 N.J. Super. 27 (1978)

385 A.2d 318

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEROY WIGGINS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 22, 1978.

Attorney(s) appearing for the Case

Ms. Susan Slovak, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney; Ms. Kathryn A. Brock, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Solomon Forman, First Assistant Prosecutor, argued the cause for respondent (Mr. Richard J. Williams, Atlantic County Prosecutor, attorney).

Mr. Barry T. Albin, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. William F. Hyland, former Attorney General of New Jersey).

Before Judges HALPERN, LARNER and KING.

The opinion of the Court was delivered by KING, J.A.D.

A jury found defendant guilty of robbery, assault with intent to rob, and atrocious assault and battery. He was sentenced to 9 to 11 years aggregate in State Prison, to run consecutive to all sentences he was presently serving. Defendant appeals, raising a novel right to counsel question.

This is the background. A jury was selected, but remained unsworn. Defendant then presented pretrial motions, advanced...

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