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STATE v. MILLER

39 N.J. 552 (1963)

189 A.2d 710

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MACK MILLER, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 1, 1963.

Attorney(s) appearing for the Case

Miss June D. Strelecki argued the cause for plaintiff-respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney, Mr. C. William Caruso, Assistant Prosecutor, of counsel, on the brief).

Mr. Sidney M. Schreiber argued the cause for defendant-appellant (Messrs. Schreiber, Lancaster & Demos, attorneys).

The opinion of the court was delivered PER CURIAM.

Defendant appealed as a matter of right in forma pauperis on a constitutional question which we find unnecessary to decide, for an examination and evaluation of the entire record make it clearly and convincingly appear that the verdict of guilty was the result of mistake, partiality, prejudice or passion. We therefore conclude that the verdict must be set aside as against the weight of the evidence. See

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