State v. Rubenstein

• Decision Date: 18 March 1927
• Docket Number: No. 8.,8.
• Citation: State v. Rubenstein, 5 N.J.Misc. 387, 136 A. 597 (N.J. 1927)
• Court: New Jersey Supreme Court
• Parties: THE STATE OF NEW JERSEY, DEFENDANT IN ERROR, v. NATHAN RUBENSTEIN, PLAINTIFF IN ERROR

136 A. 597

STATE

v. RUBENSTEIN.

No. 8.

Supreme Court of New Jersey.

March 18, 1927.

Error to Court of Quarter Sessions, Hudson County.

Nathan Rubenstein was convicted of an attempt to steal a wallet from another's pocket, and he brings error. Affirmed.

Argued January term, 1927, before PARKER, BLACK, and CAMPBELL, JJ.

George E. Cutley, of Jersey City, for plaintiff in error.

John Milton, Prosecutor of the Pleas, of Jersey City, for the State.

PER CURIAM. The defendant, a pickpocket, was convicted of an attempt to steal a wallet from the pocket of Adrian Vidol.

Seven assignments of error and six specifications of causes for reversal of the judgment were filed. But the plaintiff in error in the brief states that he relies on No. 3 for a reversal. No others are argued in the brief. No. 3 is alleged error in the charge of the trial judge to the jury. The point relied on is:

"The law of our state in regard to defendants taking the stand is that a party in a case is competent, but not compellable, to be a witness in his own behalf, but his failure to do so raises no presumption of his guilt. Where, however, there is direct evidence to connect the accused with the crime, and by his own testimony he could have established an alibi or denied the allegations, his failure to do so may be considered by the jury as an inference against him."

The pertinent part of this charge is identical with the charge approved by this court in the case of State v. Schilling, 95 N. J. Law, 154, 112 A. 400. The situation where you have a right ...