State v. Eisenstein, A--122

Decision Date12 May 1952
Docket NumberNo. A--122,A--122
Citation9 N.J. 347,88 A.2d 366
PartiesSTATE of New Jersey, plaintiff-respondent, v. Isadore EISENSTEIN, defendant-appellant.
CourtNew Jersey Supreme Court

On appeal from a judgment of the Superior Court, Appellate Division, whose opinion is reported at 16 N.J.Super 8, 83 A.2d 777.

John E. Toolan, Perth Amboy, argued the cause for appellant (Toolan, Haney & Romond, Perth Amboy, attorneys).

Edward Gaulkin Newark, argued the cause for respondent (C. William Caruso, Newark, of counsel).

PER CURIAM.

The judgment is affirmed for the reasons expressed in the opinion of Judge Jacobs in the court below.

For affirmance: Chief Justice VANDERBILT, and Justices HEHER, OLIPHANT, WACHENFELD, BURLING and BRENNAN--6.

For reversal: None.

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4 cases
  • State v. White
    • United States
    • New Jersey Supreme Court
    • May 26, 1958
    ...not empower the prosecutor to compel testimony. State v. Eisenstein, 16 N.J.Super. 8, 13, 83 A.2d 777 (App.Div.1951), affirmed 9 N.J. 347, 88 A.2d 366 (1952). Defendant also complains of the absence of a warning that he was free not to speak and that what he said might be used against him. ......
  • State v. Engels
    • United States
    • New Jersey Superior Court — Appellate Division
    • August 24, 1954
    ...State v. Kowalczyk, 3 N.J. 51, 68 A.2d 835 (1949); State v. Eisenstein, 16 N.J.Super. 8, 13, 83 A.2d 777 (App.Div.1951), affirmed 9 N.J. 347, 88 A.2d 366 (1952). Vide, also, State v. Ellenstein, 121 N.J.L. 304, 324, 2 A.2d 454 (Sup.Ct.1938). The indictment for false swearing under observati......
  • State v. Goodman
    • United States
    • New Jersey Supreme Court
    • May 26, 1952
    ...Eisenstein and Miller gave voluntary testimony. See State v. Eisenstein, 16 N.J.Super. 8, 83 A.2d 777 (App.Div.1951) affirmed 9 N.J. 347, 88 A.2d 366 (1952). The payments to Miller and his remissions to Eisenstein were not disputed but there were denials that Goodman and Powell or either of......
  • Malisse, In re, A--557
    • United States
    • New Jersey Superior Court — Appellate Division
    • March 17, 1961
    ...Eisenstein, 10 N.J.Super. 497, 500, 77 A.2d 63 (Cty.Ct.1950), 16 N.J.Super. 8, 83 A.2d 777 (App.Div.1951), certification denied 9 N.J. 347, 88 A.2d 366 (1952). On January 14, 1960 (sic) Malisse was called as a witness in Russo's trial for bookmaking. He repudiated the truth of his statement......

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