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STATE v. JOHNSON

115 N.J. Super. 6 (1971)

277 A.2d 894

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS A. JOHNSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 25, 1971.

Attorney(s) appearing for the Case

Mr. Robert J. Del Tufo argued the cause for appellant.

Mr. Michael C. Willner, Assistant Prosecutor, argued the cause for respondent (Mr. Charles M. Egan, Jr., Morris County Prosecutor, attorney; Messrs. Sheldon M. Simon, First Assistant Prosecutor, and Donald G. Collester, Jr., of counsel and on the brief).

Before Judges LEWIS, MATTHEWS and MINTZ.

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

Defendant was indicted for (a) forging a driver's license bearing the name James Jenkins, in violation of N.J.S.A. 39:3-38.1, and (b) uttering the same driver's license, in violation of N.J.S.A. 2A:109-1. He was tried to a jury and acquitted on the forgery count, but convicted on the charge of uttering the forged driver's license.

On appeal defendant contends that (a) the trial court erred...

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