State v. Farrell

The opinion of the Court was delivered by

Proctor, J.

Defendant Farrell was convicted by a jury of robbery (N. J. S. A. 2A:141-1) while armed (N. J. S. A. 2A:151-5), and sentenced to a 14-15 year term for the robbery and a consecutive 4-5 year term for being armed. The conviction was sustained in an unreported opinion by the Appellate Division and we granted certification upon defendant’s petition. 59 N. J. 289 (1971).

At the trial the only evidence linking the defendant with the robbery was the testimony of Harold Lutz, who had pleaded guilty to the same indictment but had not yet been…