State v. Wilbely

Pee Ctjbiam.

Defendant was found guilty by a jury of unlawfully entering a store in Paterson with intent to steal, in violation of N. J. S. A. 2A :94-1. On appeal, the Appellate Division reversed the conviction on the ground that the trial judge committed "plain error” in his charge to the jury. 122 N. J. Super. 463 (1973). We grant the State’s petition for certification to review the decision of the Appellate Division.

The proofs offered by the State showed that at about 12:40 a.m. on July 16, 1971 police officers were dispatched to investigate a reported break-in at a store. When they arrived…