State v. Anderson

• Decision Date: 04 February 1975
• Citation: 132 N.J.Super. 231,333 A.2d 291
• Parties: STATE of New Jersey, Plaintiff-Respondent, v. Richard ANDERSON, Defendant-Appellant.
• Court: New Jersey Superior Court — Appellate Division

Page 231

132 N.J.Super. 231

333 A.2d 291

STATE of New Jersey, Plaintiff-Respondent, v. Richard ANDERSON, Defendant-Appellant.

Superior Court of New Jersey,

Appellate Division.

Submitted Jan. 14, 1975.

Decided Feb. 4, 1975.

Stanley C. Van Ness, Public Defender, for defendant-appellant (Edward P. Hannigan, Asst. Deputy Public Defender, of counsel and on the brief).

William F. Hyland, Atty. Gen., for plaintiff-respondent (Marc J. Friedman, Deputy Atty. Gen., of counsel and on the brief).

Before Judges CARTON, CRANE and KOLE.

PER CURIAM.

Defendant appeals his conviction for assault and battery on a correction officer at the State Reformatory at Yardville. Previously his motions for leave to appeal from the denial of a motion to dismiss the indictment were denied by this court as well as the Supreme Court.

On this appeal defendant contends that the state grand jury, established pursuant to N.J.S.A. 2A:73A--1 et seq., had no jurisdiction to consider this matter and no power to return an indictment. He also contends that the statutory exclusion of persons from age 18 to 21 from the grand jury denied him due process, and that the trial judge's instruction concerning the availability of a witness to the defense constituted reversible error.

Defendant's first point concerning the jurisdiction of the state grand jury was decided in a well-reasoned opinion reported at 120 N.J.Super. 345, 293 A.2d 752 (Law Div.1972). We are in substantial agreement with that opinion and affirm its determination on the jurisdictional issue essentially for the reasons expressed therein.

Defendant next argues that he was denied due process of law because the statute relating to the qualification of jurors, N.J.S.A. 2A:69--1, prior to the enactment of L.1972, c. 81, excluded persons from 18 to 21 years of age and persons whose period of residency in this State was less than two years. The exclusion of persons under the age of 21 from juries does not offend constitutional standards of due process. State v. Stewart, 120 N.J.Super. 509, 295 A.2d 202 (App.Div.1972); Carter v. Jury Commissioner of Greene County, 396 U.S. 320, 332, 90 S.Ct. 518, 24 L.Ed.2d 549 (1970). It has also been uniformly decided that residency requirements for jurors are reasonable provisions for the purpose of ensuring that cases are decided by a body acquainted with local conditions, customs and mores. United States v. Perry, 480 F.2d 147 (5 Cir. 1973); United States v. Ross, 468 F.2d 1213, 1215--1216 (9 Cir. 1972), cert. den. 410 U.S. 989, 93 S.Ct. 1500, 36 L.Ed.2d 188 (1973).

Defendant's final point concerns an instruction to the jury about the nonproduction of a witness mentioned in both the testimony presented by the State and by the defense. In this regard the trial judge instructed the jury as follows:

There was a man by the name of Wooten who participated as a peacemaker. Unfortunately we haven't heard from Wooten. There's some dispute between counsel during closing arguments with respect to who had the duty to bring Wooten here. I tell you that either party could have brought him here by subpoena. I also tell you on that point that the defendant really...