State v. Allen, A--67

Decision Date03 February 1969
Docket NumberNo. A--67,A--67
Citation250 A.2d 12,53 N.J. 250
PartiesSTATE of New Jersey, Plaintiff-Appellant, v. Elizabeth ALLEN, Defendant-Respondent.
CourtNew Jersey Supreme Court

Barnett E. Hoffman, New Brunswick, for plaintiff-appellant (Edward J. Dolan, Middlesex County Prosecutor, attorney).

Kenneth S. Javerbaum, for defendant-respondent (Stanley C. Van Ness, Trenton, attorney).

The opinion of the court was delivered

PER CURIAM.

The judgment of the Appellate Division is reversed for the reasons given in the dissenting opinion of Judge Collester, 100 N.J.Super. 407, 242 A.2d 42 (App.Div.1968).

For reversal: Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, HALL and HANEMAN--6.

For affirmance: None.

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10 cases
  • State v. Rechtschaffer
    • United States
    • New Jersey Supreme Court
    • June 14, 1976
    ...consciousness of guilt, or are inconsistent with innocence or tend to establish intent are relevant and admissible. State v. Allen, 53 N.J. 250, 250 A.2d 12 (1969). Although the remarks may also be interpreted as merely having expressed dismay at being unjustifiably incarcerated, they are c......
  • State v. Zwillman
    • United States
    • New Jersey Superior Court — Appellate Division
    • October 19, 1970
    ...the defrauded party to part with his money is sufficient to support an indictment for a violation of N.J.S.A. 2A:111--1. State v. Allen, 53 N.J. 250, 250 A.2d 12 (1969); State v. Lamoreaux, 13 N.J.Super. 99, 80 A.2d 213 It may well be that Cortese was guilty of embezzlement from his employe......
  • State v. Merola
    • United States
    • New Jersey Superior Court — Appellate Division
    • December 1, 1986
    ...she characterized as conduct inconsistent with the hypothesis of innocence. We perceive no error in that regard. See State v. Allen, 53 N.J. 250, 252, 250 A.2d 12 (1969); State v. Mills, 51 N.J. 277, 286, 240 A.2d 1 (1968), cert. den. 393 U.S. 832, 89 S.Ct. 105, 21 L.Ed.2d 104 ...
  • State v. Monturi
    • United States
    • New Jersey Superior Court
    • March 8, 1984
    ...that evidence of the "post murder offenses" would be admissible at the trial of defendant as to guilt. See, e.g., State v. Allen, 53 N.J. 250, 250 A.2d 12 (1969); State v. Hill, 47 N.J. 490, 500-501, 221 A.2d 725 (1966); State v. Chaney, 160 N.J.Super. 49, 65-66, 388 A.2d 1283 (App.Div.1978......
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