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STATE v. STEWART

2 N.J. Super. 15 (1949)

64 A.2d 372

THE STATE OF NEW JERSEY, RESPONDENT, v. CHARLES STEWART, DEFENDANT-APPELLANT. THE STATE OF NEW JERSEY, RESPONDENT, v. WESLEY MITCHELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1949.

Attorney(s) appearing for the Case

Mr. Samuel L. Rothbard and Mr. Abraham L. Friedman argued the cause for the defendants-appellants. (Messrs. Rothbard, Harris and Oxfeld, attorneys).

Mr. H. Russell Morss, Jr., argued the cause for the respondent (Mr. Edward Cohn, Union County Prosecutor, attorney).

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by JACOBS, S.J.A.D.

The defendant Charles Stewart was indicted for resisting arrest and the defendant Wesley Mitchell was indicted for interfering with a police officer and assault and battery; thereafter writs of certiorari were allowed and motions were made to the former Supreme Court to quash the indictments; the causes were transferred to this court pursuant to Article 11, Section 4, paragraph 8 of the...

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