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STATE v. LEVITT

36 N.J. 266 (1961)

176 A.2d 465

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DONALD G. LEVITT, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Argued November 8, 1961.

Decided December 18, 1961.

Attorney(s) appearing for the Case

Mr. Martin J. Queenan, Burlington County Prosecutor, argued the cause for the plaintiff-appellant.

Mr. James M. Davis, Jr., argued the cause for the defendant-respondent (Messrs. Powell and Davis, attorneys; Mr. Samuel P. Orlando, of counsel).

The opinion of the court was delivered by PROCTOR, J.

After the defendant was convicted in the Burlington County Court of committing a private act of lewdness in violation of N.J.S. 2A:115-1, the trial judge granted the defendant's motion to set aside the verdict and for a new trial. The order stated it was the trial judge's opinion that "misconduct occurred in the jury room of such a nature as to vitiate the...

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