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State v. Stephenson

Decided: August 24, 1956.

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
THOMAS STEPHENSON, DEFENDANT-APPELLANT



McGeehan, Schettino and Hand. The opinion of the court was delivered by McGeehan, J.s.c. (temporarily assigned).

Mcgeehan

In September 1955 the defendant-appellant moved before the Bergen County Court, Law Division, for the correction of two alleged illegal sentences imposed on June 29, 1942, and the present appeal is from the order entered on this motion.

On June 29, 1942 the defendant, represented by counsel, waived indictment and trial by jury at a hearing in the Second District Criminal Court of Bergen County. He was arraigned before the Bergen County Special Sessions Court on July 8, 1942, and pleaded non vult to the charges alleged against him in five numbered accusations, reading as follows:

No. 14949 -- "did wilfully, feloniously and forcibly take from the person of one Frank Perry, certain goods and chattels, to wit: Currency, of the value of Thirty-six Dollars, lawful money of the United States of America, the goods and chattels of the Frank Perry Time Market, by putting him, the said Frank Perry, in fear, in violation of Title 2, Chapter 166, Section 1 of the Revised Statutes of 1937, against the peace of the State, the Government and dignity of the same."

"The Prosecutor of the Pleas of said County of Bergen further alleges that the said Thomas Stephenson, alias James Chester, and Frank E. Osback, Jr., on the eighth day of June, in the year of our Lord One thousand nine hundred and forty-two, at the Borough of Rutherford, in the said County of Bergen and within the jurisdiction of this court, did, being then and there armed with revolvers, wilfully, feloniously and forcibly take from the person of one Frank Perry, certain goods and chattels, to wit: Currency, of the value of Thirty-six Dollars, lawful money of the United States of America, the goods and chattels of the Frank Perry Time Market, by putting him, the said Frank Perry, in fear" * * *."

No. 14950 -- "did wilfully, feloniously and forcibly take from the person of one Charles Gordon, certain personal goods and chattels, to wit: Currency of the value of $135.00, lawful money of the United States of America, the goods and chattels of the said Charles Gordon, by putting him, the said Charles Gordon, in fear, in violation of title 2, chapter 166, section 1 of the Revised Statutes of 1937, against the peace of the State, the Government and dignity of the same."

"The Prosecutor of the Pleas of said County of Bergen further alleges that the said Thomas Stephenson, alias James Chester, and Frank E. Osback, Jr., on the tenth day of June, 1942, at the Township of Lyndhurst, in the said County of Bergen, and within the jurisdiction of this court, did, being then and there armed with revolvers, wilfully, feloniously and forcibly take from the person of one Charles Gordon, certain personal goods and chattels, to wit: Currency, of the value of $135.00, lawful money of the United States of America, the goods and chattels of the said Charles Gordon, by putting him, the said Charles Gordon, in fear * * *."

No. 14951 -- "on the 21st day of June, in the year of our Lord, one thousand nine hundred and forty-two, at the Borough of Rutherford, in the said County of Bergen and within the jurisdiction of this court, certain goods and chattels, to wit, one set of Auto License Plates Reg. No. R.C. 55 P., the property of Harry Blackledge, of the value of approximately Ten Dollars, lawful money of the United States of America, then and there being found, unlawfully did steal, take and carry away * * *."

No. 14952 -- "on the twenty-first day of June, in the year of our Lord, one thousand nine hundred and forty-two at the Township of Lyndhurst in the said County of Bergen and within the jurisdiction of this court, certain goods and chattels, to wit, one Ford Sedan, 1935 Model, Registered No. R.F. 56-W, N.J., of the value of Three Hundred Dollars, lawful money of the United States of America, of the goods and chattels of Madeline Carboy, then and there being found, unlawfully did steal, take and carry away * * *."

No. 14953 -- "on the twenty-first day of June, in the year of our Lord, one thousand nine hundred and forty-two at the Township of Lyndhurst in the said County of Bergen and within the jurisdiction of this court, did carry concealed in or about his clothes or person, a .22 caliber trappers model target pistol * * *."

The defendant appeared on July 15, 1942 before the Court of Special Sessions of Bergen County for sentencing, and the transcript ...


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