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STATE v. FRANCIS

128 N.J. Super. 346 (1974)

320 A.2d 173

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KENNETH FRANCIS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 1974.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. David H. Ben-Asher, designated counsel).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent (Mr. George F. Kugler, Jr., former Attorney General of New Jersey, and Mr. John DeCicco, Deputy Attorney General, of counsel).

Before Judges CONFORD, HANDLER and MEANOR.

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

Defendant was convicted by a jury of assault with an offensive weapon and atrocious assault and battery. He was acquitted of assault with intent to kill. It is asserted that there was reversible error in the trial court's refusal to permit defendant to testify as to his alibi defense.

The jury evidently accepted the State's evidence which demonstrated that Eugene Jackson went to a place called the ...

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