State v. Atti

• Decision Date: 23 April 1942
• Citation: 128 N.J.L. 318,25 A.2d 634
• Docket Number: 1
• Court: New Jersey Supreme Court
• Parties: STATE OF NEW JERSEY, DEFENDANT IN ERROR, v. RAPHAEL ATTI, PLAINTIFF IN ERROR

25 A.2d 634

128 N.J.L. 318

STATE of New Jersey, Defendant-in-Error

v. Raphael ATTI, Plaintiff-in-Error.

No. 1.

Court of Errors and Appeals of New Jersey.

April 23, 1942.

Appeal from Supreme Court.

Benjamin J. Darling, of Jersey City (John H. Jobes, of Jersey City, of counsel), for plaintiff-inerror.

William A. Hegarty, Prosecutor of the Pleas, of Morristown, for the State.

PER CURIAM.

The judgment is affirmed for the reasons expressed in the opinion of Mr. Chief Justice Brogan, 127 N.J.L. 39, 21 A.2d 603.

Since the assignment was abandoned in the Supreme Court, there is no occasion to consider whether in the circumstances there was error in overruling questions propounded to the accused as to the taking of "legal advice" respecting his right to vote; and the point is therefore reserved.

For affirmance: The CHANCELLOR, Justices BODINE, DONGES, HEHER, PORTER, and COLIE, Judges DEAR, WELLS, RAFFERTY, HAGUE, and THOMPSON—11.

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