Freund, Stanton and Francis. The opinion of the court was delivered by Francis, J.c.c. (temporarily assigned).
Appellant, Myron Jeck, was convicted of criminal contempt following jury trial in the Law Division of the Superior Court. He now appeals, charging certain errors in the proceedings.
On January 2, 1952 Jeck became a member of the grand jury of Monmouth County and took the customary oath of office. A session of the jury was held that day.
The evidence discloses that at the time a complaint against one Eugene Capobianco, Jr., for assault and battery was awaiting action by the grand jury. While the evidence on the subject is in conflict it was open to the jury to find that Jeck knew about the complaint.
The complainant in the case was Felix Giordano. Jeck was a friend of Capobianco's father and he had known Giordano for 15 or 20 years.
On January 4, 1952 Jeck paid a call on Giordano, who apparently was still confined to his home on account of the injuries suffered in the assault. It was described as a friendly visit, although he was not in the habit of making such visits.
While there is no dispute that the conversation got around to the pending complaint and its disposition, there is a conflict as to what was said on the subject. Giordano asserted that Jeck told him the matter had been referred to the grand jury and vigorously solicited the withdrawal of the complaint. When the request met with refusal, appellant is alleged to have said that he was a member of the grand jury and "I don't stand for the conviction of a boy like that."
Giordano also testified that he said to Jeck:
"If you don't stand for no conviction you better disqualify yourself. * * * If you convinced in your mind, you got it all made
up for no conviction, for no indictment. * * * You better disqualify yourself."
To which, he said, Jeck replied:
"No, I no disqualify myself."
In addition, there was a general discussion about "the charge, how it happened and he ...