State v. Blisak

Smith, Arthur B., 0. P. J.

The trial of the indictment against the above named defendant took place on February 10th, 11th and 12th, 1948. The indictment charged him with an assault with an offensive weapon with intent to rob one Bernard Fricke (R. S. 2:110—2 and 3; N. J. S. A. 2:110-2 and 3).

After the court had instructed the jury, the court, pursuant to the provisions of R. S. 2:190-14; N. J. S. A. 2:190-14, directed the verdict of the jury to be taken by the clerk in the absence of the judge and ordered that the court remain open for that purpose. Subsequently, in the absence of the judge,…