New Jersey Law Reports Volume 94

New Jersey Law Reports Volume 94

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...freedom of action on the part of the wife, the question whether such presumption is rebutted is one for the jury. On error to the-Essex County Quarter Sessions. Before GUMMERE, CHIEF J USTICE, and Justices MIN'PURN and BLACK. For the state, J. Hen/ry Harrison, prosecutor of the pleas, ' and John A. Bernhard, assistant prosecutor. The opinion of the court delivered by GUMMERE, CHIEF JUSTICE. The defendants were indicted for and convicted of the offence of maintaining a disorderly house in the city of Newark. The record shows that the indictment was presented on the 18th. day of March, 1919, and that two days later the defendants were arraigned and pleaded not gu.ilty. The trial was then set for the 10th day of April following, and on this day (and before the drawing of the jury) Mr. Schoen appeared as counsel for the defendants and moved an adjournment on the ground that he had been retained in the case only two days before; that the indictment did not specify the locality of the place where the offence charged therein had occurred; and that he had the day before served a notice upon the prosecutor of the pleas calling for this information, and had received no reply. There was no suggestion that the defendants were in fact ignorant of the identity of the building referred to in the indictment. The motion to postpone was refused, for the reason that when the defendants were put at the bar to plead they were represented by counsel who was still engaged in the case, and, that the fact that.Mr. Schoen had been called in as associated counsel so late that he had been unable to familiarize himself with the facts, afforded no ground for a postponement. The first ground upon which we are asked to reverse this conviction is more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • United States
  • English
  • black & white illustrations
  • 123682749X
  • 9781236827494