From Casetext: Smarter Legal Research

State v. Schneider

Supreme Court of New Jersey
Nov 21, 1960
165 A.2d 299 (N.J. 1960)

Opinion

Argued October 24, 1960 —

Decided November 21, 1960.

Appeal from the Superior Court, Appellate Division.

Mr. William D. Danberry, Assistant Prosecutor, argued the cause for plaintiff-respondent ( Mr. Edward J. Dolan, Middlesex County Prosecutor, attorney).

Mr. David I. Stepacoff argued the cause for defendant-appellant David Schneider.

Mr. Morris Spritzer argued the cause for defendant-appellant John T. Soja.


Defendants were convicted of extortion. No appeal was pursued. About 31 months later a motion for a new trial was made on the ground of newly discovered evidence. Following the denial thereof an appeal was taken to the Appellate Division where the order was affirmed in a short per curiam opinion. Rehearing was applied for and refused. Defendants then appealed to this court, alleging that the original conviction resulted from the use of perjured testimony by the State and therefore constituted a denial of due process.

Our examination of the record satisfies us that the alleged constitutional issue is without substance. Consequently, appeal does not lie as a matter of right under R.R. 1:2-1(a). Nonetheless, we have studied the basic merits of the appeal and have reached the conclusion that the actions taken by the Appellate Division were correct.

The judgment is affirmed.

For affirmance — Chief Justice WEINTRAUB, and Justices JACOBS, FRANCIS, PROCTOR, HALL and SCHETTINO — 6.

For reversal — None.


Summaries of

State v. Schneider

Supreme Court of New Jersey
Nov 21, 1960
165 A.2d 299 (N.J. 1960)
Case details for

State v. Schneider

Case Details

Full title:STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID SCHNEIDER AND JOHN T…

Court:Supreme Court of New Jersey

Date published: Nov 21, 1960

Citations

165 A.2d 299 (N.J. 1960)
165 A.2d 299

Citing Cases

Tidewater Oil Co. v. Mayor and Council of Carteret

It is clearly not enough if the asserted question is only remotely or speciously connected to the…

State v. Boyd

Although the State argued the appeal on the merits, and made no motion for dismissal on the ground that no…