Summary
noting that defendant failed to raise double jeopardy defense prior to trial on charges of assault and escape conviction, but rejecting defense on merits; finding record inadequate to support claim that defendant's earlier municipal court conviction under disorderly persons statute equated with later charges of assault and escape
Summary of this case from State v. AllahOpinion
Argued October 21, 1969 —
Decided November 3, 1969.
On appeal from a judgment of the Superior Court, Appellate Division, whose opinion is reported at 107 N.J. Super. 286.
Miss Cynthia M. Jacob, Assistant Deputy Public Defender, argued the cause for appellant ( Mr. Stanley C. VanNess, Public Defender, attorney).
Mr. Robert N. Golden, Assistant County Prosecutor, argued the cause for respondent ( Mr. Michael R. Imbriani, Somerset County Prosecutor, attorney).
The judgment is affirmed for the reasons expressed in the opinion per curiam in the Appellate Division, 107 N.J. Super. 286.
For affirmance — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN — 7.
For reversal — NONE.