State v. McDavitt

The opinion of the Court was delivered by

Sullivan, P. J. A. D.,

Temporarily Assigned. Defendant was found guilty, by jury verdict, of a violation of N. J. S. A. 2A:94-1 (breaking and entering with intent to steal). He was sentenced to an indeterminate term at the Youth Reception and Correction Center in Yardville. On appeal, the Appellate Division reversed the judgment of conviction in an opinion reported in 118 N. J. Super. 77 (1972). The Appellate Division held it was “plain error” to have the jury consider evidence of the results of a polygraph test taken by defendant during trial. The test…