Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. D''orio

Decided: July 30, 1946.

THE STATE OF NEW JERSEY, DEFENDANT IN ERROR,
v.
JOSEPH D'ORIO AND ALPHONSE CARBONE, PLAINTIFFS IN ERROR



On error to the Essex County Court of Quarter Sessions.

For the state, Duane E. Minard, Jr., Prosecutor of the Pleas; C. William Caruso, Assistant Prosecutor.

For the plaintiff in error D'Orio, Anthony A. Calandra.

For the plaintiff in error Carbone, George R. Sommer.

Before Case, Chief Justice, and Justices Heher and Colie.

Colie

The opinion of the court was delivered by

COLIE, J. Plaintiffs in error were convicted on an indictment charging them with an assault and robbery and sentenced to the state prison for a minimum of ten years and a maximum of fifteen years at hard labor. Of the assignments of error and specifications of causes for reversal, all were abandoned in this court with two exceptions. Both go to the refusal of the trial court to charge the jury in accordance

with written requests to charge properly presented. The precise language of the requests follows:

"The members of the jury are instructed that the indictment in this case is not evidence against the accused and is not to be considered as evidence during your deliberations of the evidence in this case."

And

"It is the duty of the state to prove the guilt of the defendants beyond a reasonable doubt, and this burden never shifts. It is not the duty of the accused to prove his ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.