Decided: December 18, 1969.
THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
CLAUDE HAMMOND, DEFENDANT-APPELLANT
Conford, Collester and Kolovsky.
[107 NJSuper Page 589] The trial court erred in limiting the six defendants, including appellant, to ten peremptory challenges collectively, rather than allowing them ten each. N.J.S. 2A:78-7; R.R. 3:7-2(c) (now R. 1:8-3(d)). See State v. Rogers , 19 N.J. 218, 227 (1955). Common legal representation at trial does not affect the right.
[107 NJSuper Page 590]
Defendants exhausted the ten peremptory challenges allowed by the court. Denial of the right to the specified number of peremptory challenges is prejudicial per se. See Wright v. Bernstein , 23 N.J. 284, 295 (1957).
There was no error in the other grounds of appeal argued, but for the reason stated the conviction must be and is