State v. Hart

The opinion of the court was delivered by

Swayze, J.

This case presents the question that was expressly reserved by the Court of Errors and Appeals in Meyer v. State, 65 N. J. L. 233 (at p. 237), whether after such an acquittal as will protect the defendant from being tried again, the state may prosecute a writ of error in order to correct a misconstruction of law. The trial judge directed a verdict for the defendant and the record shows that the jury in accordance with that direction found the defendant not guilty. No judgment was entered upon the verdict and in strictness this writ of error…