HARBOR TANK STORAGE CO., INC. v. LoMuscio

The opinion of the court was delivered

DeAngelis was convicted of contempt of court and sentenced to imprisonment for four months. The Appellate Division reversed the conviction, 85 N. J. Super. 92 (1964), and we granted the prosecutor’s petition for certification. 44 N. J. 401 (1965).

The conviction rested upon a finding that defendant swore falsely in his testimony before the trial court. The Appellate Division found that falsity was not shown incontrovertibly and hence the contempt power could not be invoked. We agree with the Appellate Division’s appraisal and also that that appraisal…