State v. Varicola
State v. Varicola
Opinion of the Court
The grand jury of Monmouth county, at the January term, 1923, presented two indictments against the defendant, one charging him with the offense of carrying concealed weapons, and the other charging him with the crime of robbery, in one count, and with the receiving of stolen goods, knowing them to be stolen, in a second count. Bv consent of both sides the two cases were tried together, and there was a conviction upon each indictment.
The plaintiff in error contends that there should be a reversal of each of these convictions, and bases that contention upon three grounds. The first is that it was harmful error for the trial judge to allow the prosecutor of the pleas to state in a question put'to one Davis, a witness, that he, the witness, had testified to a certain fact embodied 'in the question, when no such testimony had been given by him. The state of the case, so far as it relates to this ground of reversal, discloses the following situation: When Davis, who was a witness called by the state, was on the witness-stand, he had testified to an offer made by the defendant to him to sell forty-five cases of whiskey, this whiskey being the
The second point urged by counsel for the defendant as a ground for reversing the judgment, is that it was error for the trial judge to state in the presence of the jury as a fact that his recollection of the witness’ testimony was that he accused the defendant of taking the whiskey, when, as a matter of fact, the testimony given by the witness shows that he had not then made anv such accusation. It is difficult to
The only other ground of reversal argued before us is that “there was error in the entire charge of the court to the prejudice of the defendant.” The contention in support of this assignment is that, under chapter 349 of the laws of 1921 (Pamph. L., p. 951), this court has power to reverse upon any error appearing on the entire case. It is enough to say, in disposing of this contention, that it is based upon an entire misconception of the scope of the statute appealed to, which only authorizes the reviewing court to reverse where the verdict is contrary to the weight of the evidence. Moreover, it is no function of the reviewing court to examine the entire charge in a criminal case for the purpose of discovering whether it can detect any error therein. The duty of the court is merely to examine alleged errors in the charge pointed out by the plaintiff in error, and, no. specific error having been alleged or pointed out by counsel in the present case, we conclude that this third ground of reversal is without merit.
The convictions under review will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.