State v. Levitt

The opinion of the court was delivered by

Proctob, J.

After the defendant was convicted in the Burlington County Court of committing a private act of lewdness in violation of N. J. 8. 2A :115-1, the trial judge granted the defendant’s motion to set aside the verdict and for a new trial. The order stated it was the trial judge’s opinion that “misconduct occurred in the jury room of such a nature as to vitiate the verdict returned by the jury on the grounds of bias, passion, prejudice or mistake.” The Appellate Division granted the State leave to appeal and while the appeal was pending we…