State v. Seifert
| Decision Date | 16 November 1914 |
| Citation | 92 A. 345,86 N.J.L. 706 |
| Parties | STATE v. SEIFERT. |
| Court | New Jersey Supreme Court |
Error to Supreme Court.
Harvey A. Seifert was convicted of assault and battery, and his conviction was affirmed by the Supreme Court (88 Atl. 947), to which court the plaintiff brings error. Affirmed.
O. D. McConnel, of Phillipsburg, and George A. Angle, of Belvidere, for plaintiff in error.
William A. Stryker, of Washington, N. J., for the State.
The judgment of the Supreme Court is affirmed for the reasons given in that court by Mr. Justice Parker, whose opinion is reported in 88 Atl. 947. In regard to the contention that a verdict of conviction was directed at the trial, we agree with the Supreme Court that there was no direction of a verdict. No such judicial action appears in the record where it normally would appear; the charge of the court returned as part of the proceedings at the trial shows that the judge stated to the jury what, in his opinion, was its clear duty in view of the uncontradicted testimony. This was within judicial privilege and duty (State v. Hummer, 73 N. J. Law, 714, 65 Atl. 249), and does not constitute a direction of a verdict. State v. L. & W. R. R., 82 N. J. Law, 747, 82 Atl. 851.
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State v. Ellenstein
...et seq., 180 A. 809, for a review of the cases and a restatement of the rule. State v. Seifert, 85 NJ.L. 104, 88 A. 947, affirmed 86 N.J.L. 706, 92 A. 345, contains perhaps the most positive judicial comment of any of the criminal charges taken up on appeal. The portion of the charge covere......
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State v. Woodworth
...regards the issue framed upon the count charging assault and battery. Compare State v. Seifert, 85 N.J.L. 104, 88 A. 947, affirmed 86 N.J.L. 706, 92 A. 345. For, while the evidence overwhelmingly established that Brown was a conscious actor in the infliction of the injuries suffered by Schw......
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State v. Greely
...as fails to leave the jury entirely free to reject it. See State v. Seifert, 85 N.J.L. 104, 88 A. 947 (Sup.Ct.1913), affirmed 86 N.J.L. 706, 92 A. 345 (E. & A.1914), and State v. Swan, 130 N.J.L. 372, 32 A.2d 843 (E. & A.1943). As stated recently by our Supreme Court in State v. DiGiosia, i......
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State v. Andreano
...guilty verdicts. Such an instruction is patently erroneous. State v. Seifert, 85 N.J.L. 104, 88 A. 947 (Sup.Ct.1913), aff'd 86 N.J.L. 706, 92 A. 345 (E. & A.1914); State v. Jefferson, 129 N.J.L. 308, 310, 29 A.2d 546 (E. & A.1943); State v. Swan, 130 N.J.L. 372, 374, 32 A.2d 843 (E. & A.194......