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STATE v. DeVITA

6 N.J. Super. 344 (1950)

71 A.2d 390

STATE OF NEW JERSEY, RESPONDENT, v. MICHAEL U. DeVITA, APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1950.

Attorney(s) appearing for the Case

Mr. Donald G. Collester argued the cause for the respondent (Mr. Nelson F. Stamler, Deputy Attorney General).

Mr. John E. Toolan argued the cause for the appellant.

Before Judges JACOBS, DONGES and BIGELOW.

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

The defendant appeals, by leave of the court, from an order of the Passaic County Court denying his motion to dismiss an indictment which reads as follows, omitting, however, the merely formal parts:

"The Grand Jurors present that on August 23, 1949, there was pending in the New Jersey Superior Court, County of Passaic, a certain indictment against Harry...

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