On error to the Hudson Quarter Sessions.
For the plaintiff in error, Abraham M. Herman (Harold Simandl, of counsel).
For the State, Daniel T. O'Regan, prosecutor of the pleas, and Atwood C. Wolf, assistant prosecutor.
Before Brogan, Chief Justice, and Justices Case and Heher.
The opinion of the court was delivered by
HEHER, J. The writ presents for review a judgment of conviction upon an indictment charging that on April 15th,
1938, plaintiff in error and Lake Intervale Corporation, "in connection with the issuance and sale of divers securities and bonds of the said Lake Intervale Corporation to one Daniel Walz, did use and employ deception, misrepresentation, concealment, suppression and fraud, in that" they "did then and there willfully, unlawfully, knowingly, designedly, falsely, deceitfully and fraudulently omit to disclose to the said" Walz "certain material" matters of "fact concerning the said securities and bonds * * *, to wit," (first count) "that prior to the issuance and sale thereof to the said" Walz, the named corporate obligor "had defaulted in past due interest payments on the issue of securities and bonds" thus sold to Walz, and "the said securities and bonds * * * were in default and of little or no value," by means whereof the accused "did then and there issue and sell to the said" Walz "divers securities and bonds of" the corporation "to the amount of $1,500;" and also (second count) "that the said securities and bonds * * * were not a first lien on real property belonging to the" obligor "as nominated in the said securities and bonds," but "were junior in lien on said real property to a paramount mortgage lien amounting to upwards of $12,000," by means whereof the accused "did then and there issue and sell to the said" Walz "divers securities and bonds" of the corporation to the like amount.
There was a severance on the motion of the prosecutor of the pleas; and the trial proceeded as to plaintiff in error only. The jury returned a verdict of "guilty of violation of New Jersey Securities Law R.S. 49:1-2, 49:1-4; 49:1-25;" and the challenged judgment was entered thereon.
There are numerous assignments of error and specifications of causes for reversal. We shall consider only those based upon an instruction to the jury that plainly constitutes reversible error.
The trial judge gave to the jury a verbatim reading of sections 49:1-2, 49:1-3; 49:1-4 and 49:1-25 of the statute. He advised them that plaintiff in error was "charged with the crime specified within the meaning of the statute to which" he had "just referred and the pertinent parts of which" he had "just read to" them; and, after adverting to
the evidence and the duty of the jury to determine the facts, and defining reasonable ...