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State v. Foulds

Decided: October 20, 1941.

THE STATE OF NEW JERSEY, DEFENDANT IN ERROR,
v.
GEORGE FOULDS, PLAINTIFF IN ERROR



On writ of error.

For the defendant in error, Andrew J. Duch, Prosecutor of the Pleas of Mercer County.

For the plaintiff in error, Andrew M. Cella and David Kelsey.

Brogan

The opinion of the court was delivered by

BROGAN, CHIEF JUSTICE. By this writ of error George Foulds, convicted of murder in the first degree, without

recommendation, seeks a reversal of that judgment on strict bill of exceptions.

The argument on this appeal is developed under three main headings. It is said that the trial court committed reversible error, first:

(a) In receiving in evidence Fould's confession over objection.

(b) In admitting in evidence a statement or confession allegedly made but not signed by Foulds.

(c) In the admission of the signed confession which was made at a time when Foulds was held on a lesser charge than murder.

Second:

(a) Because the court denied defendant's motion to disqualify the jury when first they reported their finding, but instead directed that they retire and endeavor to reach a verdict.

(b) Because the court "reinstructed" the jury before it retired ...


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