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STATE v. MORGAN

121 N.J. Super. 217 (1972)

296 A.2d 539

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT MORGAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 1972.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. Carmine P. Lunetta, Designated Counsel, on the brief).

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for respondent (Mr. David L. Rhoads, Assistant Prosecutor, of counsel).

Before Judges LEWIS, CARTON and MINTZ.

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

Defendant, after waiver of trial by jury, was tried by the Essex County Court and was found guilty of unlawful possession of a revolver in violation of N.J.S.A. 2A:151-41. He was sentenced to six months in the Essex County Correction Center and placed on probation for 12 months.

The single argument on appeal is that the revolver in question was inoperable and not a firearm as defined by N...

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