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STATE v. LANZO

44 N.J. 560 (1965)

210 A.2d 613

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES LANZO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Argued March 2, 1965.

Decided June 1, 1965.

Attorney(s) appearing for the Case

Mr. William J. Gearty argued the cause for appellant (Mr. Thomas E. Durkin, Jr., attorney, and Mr. Gearty on the brief).

Mr. John J. Francis, Jr., Assistant County Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney, and Mr. Francis on the brief).

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

Defendant, Charles Lanzo, was convicted of bookmaking (N.J.S. 2A:112-3) and of possession of lottery slips (N.J.S. 2A:121-3). He appealed, and we certified the matter before argument in the Appellate Division.

The defendant did not testify at the trial. The trial court, in the course of its charge to the jury, told them:

"Now, members of the jury, the defendant in this case did not...

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