State v. Begyn

The opinion of the court was delivered by

Hall, J.

This case is here on the State’s appeal as of right by reason of a dissent in the Appellate Division. R. R. l:2-l(b). The judgment there reversed a conviction for the common-law offense (N. J. S. 2A :85-l) commonly referred to as misconduct in office and ordered a new trial. 58 N. J. Super. 185.

Defendant’s contention that the State’s proofs so failed to establish the crime charged as to have entitled him to a direction of acquittal was rejected by all members of the court, but the majority found errors in the charge necessitating reversal. The…