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STATE v. THOMAS

103 N.J. Super. 154 (1968)

246 A.2d 746

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAY E. THOMAS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1968.

Attorney(s) appearing for the Case

Mr. Stanley R. Katz, assigned counsel, argued the cause for appellant.

Mr. Elliot L. Katz, Assistant Prosecutor, argued the cause for respondent (Mr. Vincent P. Keuper, Monmouth County Prosecutor, attorney; Mr. Thomas L. Yaccarino, Assistant Prosecutor, of counsel and on the brief).

Before Judges SULLIVAN, FOLEY and LEWIS.

The opinion of the court was delivered by SULLIVAN, S.J.A.D.

Defendant and one William Rose were indicted for breaking and entering into a building belonging to Fred C. McMahan and the larceny of certain items of personal property therefrom. They were tried by a jury which returned verdicts of not guilty of breaking and entering, but guilty on the charge of larceny.

The pertinent proofs of the State may be summarized as follows. Mr. McMahan owned a garage...

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