State v. Smith

Pee Cueiam;.

The judgment of conviction under review is affirmed essentially for the reasons expressed by the Appellate Division. 66 N. J. Super. 465 (1961).

Our affirmance, however, is without prejudice to the making of an application to the trial court for a new trial within 30 days after the filing of our mandate.

The defendant was convicted of armed robbery. His defense was an alibi. At the trial two important witnesses, who allegedly would corroborate the defense, failed to appear. The aid of the trial court was enlisted to bring about their appearance, and it was argued in the Appellate…