Decided: January 28, 1941.
STATE OF NEW JERSEY, DEFENDANT IN ERROR,
CHARLES J. SCHROEDER, PLAINTIFF IN ERROR
On appeal from a judgment of the Supreme Court, whose opinion is reported in 125 N.J.L. 87.
For the plaintiff in error, James L. McKenna.
For the state, William A. Wachenfeld, prosecutor of the pleas, and Joseph E. Conlon, first assistant prosecutor.
[126 NJL Page 59]
The judgment is affirmed, for the reasons expressed in the opinion of Mr. Chief Justice Brogan.
As regards an asserted error in the charge to the jury, the opinion notes that "No exception to the court's charge in this particular was taken * * *." Fearing misinterpretation, we deem it prudent to point out that, under the statute,
[126 NJL Page 60]
a specific exception was not necessary to sustain either an assignment of error or a cause for reversal. R.S. 1937, 2:195-14, 2:195-16, 2:195-20.
For affirmance -- THE CHANCELLOR, CASE, BODINE, DONGES, HEHER, PORTER, DEAR, WELLS, WOLFSKEIL, RAFFERTY HAGUE, JJ. 11. HAGUE, JJ. 11.
For reversal -- None.