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STATE v. RUSSO

6 N.J. Super. 250 (1950)

71 A.2d 142

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CARMEN RUSSO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1950.

Attorney(s) appearing for the Case

Mr. Donald G. Collester, County Prosecutor of Passaic County, argued the cause for respondent.

Messrs. Feder & Rinzler, attorneys for and of counsel with defendant-appellant (Mr. Joseph A. Feder on the brief).

Before Judges JACOBS, DONGES and BIGELOW.

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

This appeal comes before this court on a ruling entered by the Passaic County Court denying a motion to quash the indictment.

The defendant, Carmen Russo, was indicted on two counts by the Grand Jury of Passaic County charging that he violated the provisions of R.S. 2:176-4 which reads as follows:

"Every person becoming the lawful possessor of a pistol, revolver or other firearm of a size...

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