State v. Raymond, A--71

• Decision Date: 18 February 1963
• Docket Number: No. A--71,A--71
• Citation: 39 N.J. 241,188 A.2d 305
• Parties: STATE of New Jersey, Plaintiff-Respondent, v. Benedict RAYMOND, Defendant-Appellant.
• Court: New Jersey Supreme Court

Page 241

39 N.J. 241

188 A.2d 305

STATE of New Jersey, Plaintiff-Respondent, v. Benedict RAYMOND, Defendant-Appellant.

No. A--71.

Supreme Court of New Jersey.

Argued Jan. 22, 1963.

Decided Feb. 18, 1963.

Calvin J. Hurd, Elizabeth, for defendant-appellant.

Brendan T. Byrne, Essex County Pros., for plaintiff-respondent (Peter Murray, Asst. Pros., of counsel and on the brief).

The opinion of the court was delivered

PER CURIAM.

The Appellate Division unanimously affirmed defendant's conviction for debauching a child in violation of N.J.S. 2A:96--3, N.J.S.A. State v. Raymond, 74 N.J.Super. 434, 181 A.2d 515 (1962). Asserting a constitutional issue, defendant undertook to appeal to us as of right under R.R. 1:2--1(a).

The single claim on this appeal is that the trial court improperly denied a motion to adjourn the trial date. Before us the complaint is for the first time cast in constitutional garb, i.e., deprivation of the right to counsel. The attack upon the trial court's ruling is without basis, and the effort to generate a 'constitutional' question is frivolous.

The appeal is dismissed.

For dismissal: Chief Justice WEINTRAUB, and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN--7.

Opposed: None.