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STATE v. WAGNER

180 N.J. Super. 564 (1981)

435 A.2d 1190

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD AND MARGARET WAGNER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 1981.

Attorney(s) appearing for the Case

Stanley C. VanNess, Public Defender, attorney for appellants (Mark D. Sperber, Assistant Deputy Public Defender, of counsel and on the brief).

James R. Zazzali, Attorney General of New Jersey, attorney for respondent (Ruth Schlesinger Sherman, Deputy Attorney General, of counsel and on the brief).

Before Judges MICHELS, McELROY and COLEMAN.

The opinion of the court was delivered by COLEMAN, J.A.D.

This case raises two issues: (1) Can the statute (N.J.S.A. 2A:74-1) that designates the manner for impanelling a jury in a criminal case be ignored when selecting a jury, and (2) Can a trial judge amend the indictment to charge a new offense? Since we hold that the answer to both questions is in the negative, the convictions of defendants are reversed...

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