March 14, 2014
- 110 Criminal Law
- 110XX Trial
- 110XX(F) Province of Court and Jury in General
- 110k733 Questions of Law or of Fact
- 110k741 Weight and Sufficiency of Evidence in General
- 110k741(2) k. Identity and Presence of Accused.
Fingerprint evidence created jury issue as to defendant’s guilt in prosecution for burglary, robbery and assault arising when victim’s second floor apartment was broken into, apparently by someone who had climbed outside column to get to victim’s balcony; defendant’s fingerprint was found on column in area not generally accessible to public in position inconsistent with possibility of inadvertent touching.
State v. Watson, 540 A.2d 875 (N.J. Super. Ct. App. Div. 1988)
Suggested by Allan Marain, Counselor at Law; Law Offices of Allan Marain; New Brunswick, NJ