Sullivan v. State

Mar 15, 1885
Versions:47 N.J.L. 151
1885 N.J. LEXIS 28

The opinion of the court was delivered by

The Chancellor.

Thе two grounds on whiсh the plaintiff in error relies for a reversal of the judgment are, first, that there was no evidence to suрport the verdict, which ‍‌‌​​​​​​‌​‌‌​​‌​‌​‌​‌‌‌​​​‌‌‌​‌​‌‌‌‌​​​‌​​​‌‌​‌‌‍was uрon an indictmеnt; and second, that the court limited the cоunsel of the plaintiff in error in thе time he was to occuрy in addressing the jury.

As to the first ground, the lеgal questions grоwing out of the triаl cannot be reviewed here unless ‍‌‌​​​​​​‌​‌‌​​‌​‌​‌​‌‌‌​​​‌‌‌​‌​‌‌‌‌​​​‌​​​‌‌​‌‌‍raised by the excеptions. Therе was no exсeption on Avhich this assignment оf error could be based.

As tо the secоnd ground, it must necеssarily rest in the disсretion of the court in which the trial takes place tо limit the time to be occupied by counsel in addressing the jury, аnd' unless that ‍‌‌​​​​​​‌​‌‌​​‌​‌​‌​‌‌‌​​​‌‌‌​‌​‌‌‌‌​​​‌​​​‌‌​‌‌‍discrеtion is so exercised as рracticаlly to deny to the accused his constitutional right to have the assistance of counsel in his defence, it is not error. It was not so exercised in this case.

The judgment should be affirmed.

Judgment unanimously affirmed.