State v. Lanzo

The opinion of the court was delivered by

Proctor, J.

Defendant, Charles Lanzo, was convicted of bookmaking (N. J. S. 2A.112-3) and of possession of lottery slips (N. J. S. 2A:121-3). He appealed, and we certified the matter before argument in the Appellate Division.

The defendant did not testify at the trial. The trial court, in the course of its charge to the jury, told them:

“Now, members of the jury, the defendant in this case did not take the stand. I charge you that under our law a defendant cannot be compelled to testify, but he is competent to testify and has the right to testify. His…