State v. McGugan

Joseph F. Walsh, J. S. C.

This appeal from a conviction in the municipal court for a violation of the shoplifting statute (N. J. S. A. 2A:170-97) really presents a single issue: Is defendant, charged with and convicted of the charge *366of shoplifting, denied her constitutional right of due process when the stolen merchandise is not introduced into evidence at the trial?

The issue appears to be a rather simple one. However, a diligent search by. the attorneys, and the court itself, failed to produce any reported decision on this issue in New J ersey.

The facts are: Defendant Stephanie McGugan was…