70 N.J.L. 407 | N.J. | 1904
The opinion of the court was delivered by
The defendant below brings error to review the record of his conviction, at the Passaic Quarter Sessions, of the crime of receiving stolen goods. One of the exceptions taken at the trial, upon which error has been assigned, is that the trial judge excluded the testimony of the defendant as to what the conversations were between the defendant and the person from whom the supposed'stolen goods were received. The defendant was charged in the indictment, on April 30th, 1902, at the city of Paterson, with the unlawful receiving of two hundred and forty-three yards of embroidered flannel, of the goods and chattels of one "VYostbrock, before then unlawfully stolen, &c., the said defendant then, &c., well knowing the same to have been unlawfully stolen, &c. The' evidence for the state tended to prove that the goods were stolen from a railroad depot at Midland Park, near Paterson,
In both of these cases the judgments will be reversed and the records remitted to the Passaic Sessions, that venires de novo may be awarded. .