State v. Fischman

• Decision Date: 19 October 1931
• Citation: 156 A. 678,108 N.J.L. 550
• Docket Number: 126
• Court: New Jersey Supreme Court
• Parties: THE STATE OF NEW JERSEY, DEFENDANT IN ERROR, v. GUSTAVE S. FISCHMAN AND ABRAHAM SEIDMAN, PLAINTIFFS IN ERROR

156 A. 678

STATE

v. FISCHMAN et al.

No. 126.

Court of Errors and Appeals of New Jersey.

Oct. 19, 1931.

Error to Supreme Court.

Abraham Seidman and Gustave S. Fischman were convicted of offenses, and to review the judgment of the Supreme Court in 107 N. J. Law, 204, 152 A. 861, affirming the judgment of conviction, the first-named defendant brings error.

Affirmed.

Kraemer, Slegler & Siegler, of Newark (Joseph Kraemer, of Newark, on the brief), for the plaintiff in error.

Joseph L. Smith, Prosecutor of the Pleas, of Newark (Joseph E. Conlon, of Newark, on the brief), for the State.

PER CURIAM.

The judgment under review should be affirmed and for the reasons expressed in the opinion delivered by the Supreme Court except as herein otherwise noted.

It is recited in the opinion below that the writ of error was sued out by the defendant Seidman.The writ was in fact sued out by both defendants, Fischman and Seidman; but it seems that only Seidman prosecuted the writ before the Supreme Court.The state's brief in this court contains the statement that defendant Fischman stipulated to submit his case to the Supreme Court on Seidman's brief.It appears, however, that it was not so submitted.Nor is the Fischman branch of the case, in any phase, before us.

Amongst the alleged errors argued on the Seidman brief are that the court permitted proofs of the conduct and conversations of others than Seidman had out of the hitter's presence.Some such were acts of and declarations by Fischman that were clearly in the progress of and before the completion of the offense for which the defendants were jointly indicted and which they conspired to commit.The opinion in the court below adequately states the propriety of the pertinent rulings.State v. Neary, 106 N. J. Law, 104, 148 A. 608.Certain other rulings of a like nature related to conduct of Fischman...