STATE v. POWELL


182 N.J. Super. 386 (1981)

440 A.2d 1377

STATE OF NEW JERSEY v. WILLIAM POWELL, DEFENDANT.

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

Decided December 4, 1981.


Attorney(s) appearing for the Case

James R. Kinarney for defendant (William J. Gearty, Deputy Public Defender, attorney).

William D. Guidry, Assistant Prosecutor, for the State (Alexander D. Lehrer, Monmouth County Prosecutor, attorney).


McGANN, J.S.C.

Defendant moves for a new trial after the entry of a guilty judgment by the court following a nonjury trial. The issue is this: Under the New Jersey Code of Criminal Justice, may a person indicted for receiving a stolen vehicle be found guilty of the theft of that vehicle?

A one-count indictment charged that Powell "on or about the sixteenth day of June, 1981 ... did commit the crime of theft by purposely receiving moveable property, to wit...

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