Goldmann, Lewis and Matthews. The opinion of the court was delivered by Matthews, J.A.D.
Defendant appeals from judgments of conviction for conspiracy to steal (N.J.S.A. 2A:98-1) and for being an habitual criminal (N.J.S.A. 2A:85-12). Each conviction resulted after a separate jury trial.
Defendant was originally charged in seven indictments with murder (I-240-66); conspiracy to commit murder (I-242-66 and I-243-66); conspiracy to commit robbery (I-244-66 and I-245-66); carrying a concealed deadly weapon (I-241-66); and receiving stolen property (I-246-66). After the State had opened, the trial judge, on defendant's motion, dismissed I-243-66, conspiracy to kill, and I-245-66, conspiracy to steal, on the ground that the State's theory did not support a charge that defendant on two distinct occasions unlawfully conspired to kill, and on two others conspired to steal. The trial judge thereupon amended the remaining conspiracy indictments, I-242-66 and I-244-66, conspiracy to kill and steal, respectively, to reflect his finding that only one continuing conspiracy to kill and one to steal allegedly had occurred. After the State had entered its case, the trial judge directed that verdicts of not guilty be entered in favor of defendant on indictments I-241-66 (carrying a concealed deadly weapon) and I-246-66 (receiving stolen property). Thus, only the charges contained in indictments I-240-66 (murder), I-242-66 as amended (conspiracy to murder), and I-244-66 as amended (conspiracy to commit robbery), were submitted to the jury. As noted, the jury found defendant guilty of conspiracy to commit robbery. He was acquitted of the charges contained in the other two indictments.
After conviction of defendant on the conspiracy charge, the prosecutor prepared an accusation charging defendant
as being an habitual offender under N.J.S.A. 2A:85-12. The accusation charged defendant with seven prior convictions, as follows:
(a) Larceny, Illinois, September 25, 1947;
(b) Burglary, Larceny and Conspiracy to Commit Burglary, Pennsylvania, October 28, 1952;
(c) Prison Breach, Pennsylvania, October 28, 1952;
(d) Theft from Interstate Commerce, U.S. District Court (Pa.), January 28, 1966;
(e) Interstate Transportation of Stolen Motor Vehicle, U.S. District Court (Pa.), January 28, 1966;
(f) Theft from Interstate Shipment, U.S. District Court (Pa.) January 28, 1966; and
(g) Possessing and Transporting Goods Stolen from Interstate Shipment, U.S. District Court ...