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State v. Davis

Decided: June 17, 1966.

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ROBERT DAVIS, DEFENDANT-APPELLANT



Conford, Kilkenny and Leonard. The opinion of the court was delivered by Kilkenny, J.A.D.

Kilkenny

Trial of defendant for armed robbery, in violation of N.J.S. 2A:141-1 and N.J.S. 2A:151-5, and for rape, N.J.S. 2A:138-1, resulted in a conviction by the jury as to the armed robbery charge and an acquittal on the indictment for rape. He was sentenced to State Prison for a term of three to five years for the robbery and to a consecutive term of two to three years for being armed.

In his appeal from the judgment of conviction defendant contends that the trial court erred (1) in permitting a composite representation of a head made by a police officer, Donald

Campbell, from a description of the robber furnished by one of the victims, to be received in evidence over his objection, and (2) in admitting the composite when Officer Campbell had not been qualified as a competent technician. No other claims of error are asserted.

I.

The composite was prepared from information furnished the police by Mrs. Laura Alexander, an eye-witness to the crimes. The crimes had been committed by two men and a woman at the Alexander home, and the police, having been summoned as soon as the perpetrators had left and the victims were untied, arrived and gathered information descriptive of the intruders. Officer Campbell testified:

"I went down to the kitchen with Mrs. Alexander and she gave me a full description of the people and I made composites -- a sketch."

The officer further stated:

"I put them together and went back to headquarters and put out a teletype alarm."

With respect to the person in the composite in issue, the police alarm broadcast by Officer Campbell described him as follows:

"One colored male age thirty-five to forty, six-foot, 175 pounds, thin, small frame, wore dark overcoat, hat, dark hat, shoes and pants, white shirt and tie * * *."

Following this, the suspect was described in the police alarm by a series of code numbers used by the police to compile a composite picture from a standard identification kit in common use by police departments, manufactured by the Townsend Company in California. The final note of ...


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