Evening star., 1935-10-09
Syllabus of Opinion
Court of Errors and appeals Unanimously Upholds
Conviction of Carpenter for Lindbergh
KMnaping.

TRENTON. N. J., October 9 up.
Here is the teri OF the syllabus
OF the opinion OF the Court OF Err
rors and Appeals upholdino the
conviction OF Bruno Richard
Hduptmdnn for the kidnap nur-
der OF Charles Augustus Lind,
bergh, jr.
The syllabus Effectively tells Uhat
the opinion says. 1t Is intended as
q sort OF an inder OF the points on
Uhich the court dwells at length in
the body of sts opinion.
The syllabus:
/. Summing up for the State at the
trial of this case held not to be such
as to bar application Of the rule that
in the absence Of objection and mo-
ton to expunge offensive matter no
ground for review is created.
2. The cross-examination OF de-
fendant similarly held not to amount
| to legal error in the absence Of objec-
| ton.
3. Variance in the theory Of the de-
tails Of the crime between the opening
and closing of the States case held
not harmful to defendant, as the case
was submitted by the court to the
jury on the former theory alone. and
| the defense on the facts being an
alibi.
4. Claim of the violation Of the
fourteenth amendment to the Federal
Constitution held to be without merit.
Jurisdiction Confirmed.
S. There being evidence to show
that a fatal stroke was inflicted in
Hunterdon County. the indictment was
properly found, and the trial had, IN
that county, even though death may
have occurred In another county.
6. A charge basing guilty Of murder
in the first degree on elements includ-
ing those OF common-law burglary, in
the course Of which the homicide was
committed. held not erroneous though
referring to q statute also including
the elements Of common-law burglary
without mentioning that crime in the
text thereof.
=. The stealing Of q child and its
night dress from its home, followed
by the surrender Of the night dress
merely as proof that the kidnaper
had the child and to induce negotia-
tions for its ransom, held to be indica-
tive of an intent to commit larceny
and to constitute that crime.
8. Evidence held to Justify the jury
in finding that the burglary, II COM
mitted, was not complete at the time
of the homicide.
Murder May Be Part of Burglary.
8. Murder may be committed in the
perpetration Of burglary, though the
burglary as such may be complete for
purposes Of prosecution, If the homi-
eide be committed within the res
gestae Of the felony.
10. It is always the right. and often
the duty, Of trial Judge to comment
on the evidence, and give the jury his
impressions of its weight and value,
and such comment is not assignable
for error so long as the ultimate deci-
sion on disputed facts Is plainly left
to the jury.
II. The charge on circumstantial
evidence held free from error when
read in its entirety.
II. The court properly refused to
charge that the opinion Of experts in
handwriting, based on mere compari-
son. must be esteemed proof OF low
degree"
Other requests on the first point
also held properly refused. and the
comments of the court on the expert
evidence held proper.
Reasonable Doubt Charge Upheld.
Is. Charge on reasonable doubt held
free from errors.
- Othsr requests 10 charge. had