Error v. Bessie Boyd In Error., 33.

Decision Date03 September 1948
Docket NumberNo. 33.,33.
Citation61 A.2d 235,137 N.J.L. 615
PartiesSTATE of N.J., Defendant In Error, v. Bessie BOYD et al., Plaintiffs In Error.
CourtNew Jersey Supreme Court
OPINION TEXT STARTS HERE

Error to Supreme Court.

(Formerly 4k12)

N.J.Err. & App., 1948.

Evidence of defendant's guilt of abortion was sufficient for the jury.

N.J.Err. & App., 1948.

A finding of guilt may rest upon indirect or circumstantial evidence if that evidence is in quality sufficient to generate in jurors' minds a belief and conviction of guilt beyond a reasonable doubt.

N.J.Err. & App., 1948.N.J.Err. & App., 1948.N.J.Err. & App., 1948.

Objection to testimony came too late after it had been given, and admission thereof was harmless error, in any event, in view of trial court's unobjected to ruling striking most of the testimony and the fact that the substance thereof was already in proof without objection.

N.J.Err. & App., 1948.

Truth of testimony was for jury.

N.J.Err. & App., 1948.

A charge on alibi which followed closely the language of the Court of Errors and Appeals in another case was proper.

N.J.Err. & App., 1948.

Charge that a conviction may be had on circumstantial evidence provided jury should first be satisfied that facts are sufficiently proved and that facts proved are explained or explainable only on hypothesis that accused is guilty and facts are not capable of being reconciled with hypothesis of innocence and that burden of proving guilt beyond a reasonable doubt is on State and never shifts, which burden is met when jurors feel an abiding conviction to a moral certainty of truth of charge was a sufficient charge on subject of circumstantial evidence.

N.J.Err. & App., 1948.

Refusal of request to charge, the substance of which was covered by charge given, was not error.

N.J.Err. & App., 1948.

In light of charges given, refusal of request to charge that failure of codefendant to take stand should not reflect unfavorably on defendant was not error.

N.J.Err. & App., 1948.

Verdict of guilty must be clearly against weight of evidence to give rise to inference that it was result of mistake, passion, prejudice or partiality.

Harold Simandl, of Newark, for plaintiff in error.

Duane E. Minard, Jr., for defendant in error.

PER CURIAM.

The judgment under review herein is affirmed, for the reasons expressed in the opinion delivered by Mr. Chief Justice Case in the Supreme Court, 137 N.J.L. 23, 57 A.2d 521.

For affirmance: The CHANCELLOR, Justices BODINE, DONGE...

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8 cases
  • State v. La Fera
    • United States
    • New Jersey Superior Court
    • May 19, 1960
    ... ... Error in the citation or its omission shall not be ground for dismissal of the ...         But said Chief Justice Case in State v. Boyd, 137 N.J.L. 23, 25--26, 57 A.2d 521, 523 (Sup.Ct.1948), affirmed on ... ...
  • State v. Travers
    • United States
    • New Jersey Superior Court — Appellate Division
    • October 19, 1961
    ... ... of the overall factual case made out by the prosecution, is 'plain error' under R.R. 1:5--1(a) ...         Circumstantial evidence may ... State v. Boyd, 137 N.J.L. 23, 57 A.2d 521 (Sup.Ct.1948), affirmed 137 N.J.L. 615, 61 ... ...
  • State v. Dancyger
    • United States
    • New Jersey Superior Court — Appellate Division
    • July 3, 1958
    ... ... verdict was inconsistent and a compromise verdict; there was trial error in the admission of the police photograph and a police fingerprint chart, ... State v. Boyd, 137 N.J.L. 23, 26, 57 A.2d 521 (Sup.Ct.1948), affirmed 137 N.J.L. 615, 61 ... ...
  • State v. Rogers
    • United States
    • New Jersey Supreme Court
    • June 27, 1955
    ... ... appeals from the judgment of a life sentence, contending there was error in the refusal of the trial court to allow the number of peremptory ... State v. Boyd, 137 N.J.L. 23, 26, 57 A.2d 521 (Sup.Ct.1948), affirmed 137 N.J.L. 615, 61 ... ...
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