Davis

At between 12:25 and 12:30 a. m. on the morning of November 15, 1961, Ernie’s place was robbed. Ernie’s is a tavern on the main (“Second”) street of the little river town of Isleton. The robbery was committed by two hooded bandits. One of them was a 17-year-old youth, Harold “Buddy” Freeman. Taken into custody later, he turned state’s evidence, was granted immunity, and made a full confession. In this confession, and later in testifying, he named as his accomplice in the robbery itself defendant Robert De Louize, and as another accomplice, defendant Arthur Davis, an Isleton police officer on duty on the night of the robbery, whose function in the plot was said to be to keep an eye on Ernie’s while cruising in his patrol car, inform the other two when there were no patrons in the tavern, then to be at the other end of town while the robbery was being perpetrated.

Davis and De Louize were charged with robbery, indicted by the grand jury and tried before a jury. Convicted, they moved for a new trial. They appeal separately from the orders denying their motions for a new trial and from the judgments.

Neither defendant contends there was insufficiency of evidence to sustain his…