APPEAL AND ERROR- CRIMES - EVIDENCE NOT OBJECTED TO AT TRIAL

Authors

Abstract

The defendant was convicted of murder in the first degree. At the trial, certain incompetent testimony was placed in evidence by the prosecution, to which the defendant's attorney failed to object. The point was sought to be raised on appeal under N. J. Comp. Stat. 1910 sec. 136, which provides that, in criminal cases, if "the plaintiff in error on the trial below suffered manifest wrong or injury, either in the admission or rejection of testimony, whether objection was made thereto or not * * * the appellate court shall remedy such wrong or injury * * * and order a new trial." Held, the statute did not apply. State v. Cappiello (N. J. 1930) 151 Atl. 737.

Recommended Citation

APPEAL AND ERROR- CRIMES - EVIDENCE NOT OBJECTED TO AT TRIAL, 29 Mich. L. Rev. 922 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss7/10