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State v. Tumbiolo

Decided: November 9, 1953.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ALBERT TUMBIOLO, DEFENDANT-APPELLANT



Clapp, Goldmann and Ewart. The opinion of the court was delivered by Ewart, J.A.D.

Ewart

Defendant Albert Tumbiolo, now confined in State Prison, appeals from corrected sentences imposed upon him by the Passaic County Court on June 26, 1953.

He has filed an original brief and also a reply brief, but has ignored his obligation under the rules to supply the court with an appendix containing records of the proceedings

below necessary for this court to pass upon the appeal. The appeal might be dismissed for defendant's failure to comply with the rules. However, we have obtained certified copies of the indictments, together with a transcript of the court proceedings at the time the sentences were imposed upon the defendant, and we will dispose of the matter on its merits.

On November 15, 1949 the Passaic County Grand Jury found three indictments against the defendant, numbered respectively 513, 514 and 515.

Indictment No. 513 charged the defendant, along with others therein named, with having conspired on October 24, 1949 to commit a crime, viz. , to commit an assault upon Eugene Lamont Pometti in the latter's residence at Paterson, N.J. and to steal and carry away by force from the person of the said Pometti money and personal property, contrary to the provisions of R.S. 2:119-1 and R.S. 2:166-1.

Indictment No. 514 charged that the defendant and others therein named did on October 28, 1949 commit an assault upon the person of the said Pometti in the latter's home in the City of Paterson and did forcibly steal and take from the person of the said Pometti $52 in currency and two diamond rings, of the aggregate value of $2,552, and the said indictment No. 514 further charged that the defendant was then and there armed with and had in his possession a certain firearm, to wit, a revolver, in violation of R.S. 2:166-1 and R.S. 2:176-5.

Indictment No. 515 charged that the defendant on October 28, 1949 in the City of Paterson did unlawfully carry concealed on and about his person and clothes a certain firearm, to wit, a revolver, without having first obtained a requisite permit to carry the same, in violation of R.S. 2:176-41.

Defendant was arraigned on these charges November 17, 1949, was represented by counsel, and entered pleas of not guilty to each of the three indictments.

January 9, 1950 defendant was brought into court, was represented by counsel, retracted his plea of not guilty to indictment No. 514 and entered a plea of non vult. February

3, 1950 was set as the date for the ...


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