State v. D'Ippolito

The opinion of the court was delivered by

Wachenfield, J.

The defendant, D’Ippolito, was indicted, tried and convicted for false swearing in contravention of N. J. S. 24 :131-4.

A prior conviction upon the same indictment was reversed by us because of unfair and prejudicial comments made by the prosecutor in reference to the defendant’s failure to produce character witnesses. State v. D’Ippolito, 19 N. J. 540 (1955).

On retrial, the jury again returned a verdict of guilty and the defendant was sentenced to a fine of $1,000 and imprisonment for one to three years in the State Penitentiary. The…