State v. Niesbbalski

The opinion of the court was delivered by

Gummere, Chief Justice.

The plaintiff in error, the defendant below, and three other men were jointly indicted by the grand jury of Essex county for a felonious assault upon one Frederick Tetter, committed while attempting to rob the Thirteenth Ward Building and Loan Association of the city of Newark on the 10th day of December, 1909. By order of the court there was a severance and the defendant was tried alone.

On the evening of the day mentioned in the indictment the building and loan association was holding a session in its room at the rear of a…