State v. Leibowitz

The opinion of the court was delivered by

Wachenfeld, J.

The only question involved on this appeal is whether the court below committed error in denying appellant’s plea of autrefois acquit under the circumstances herein narrated.

The State, however, also urges dismissal of the appeal on the ground the appellant failed to prepare an adequate transcript in accordance with R. R. 1:2-8(e) or, in the alternative, to submit an agreed statement of the case pursuant to R. R. 1:6-2. Appellant has been remiss in his failure to provide an adequate record; nevertheless, the facts essential to the…