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STATE v. LUSTIG

13 N.J. Super. 149 (1951)

80 A.2d 309

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES LUSTIG AND ANOTHER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 1951.

Attorney(s) appearing for the Case

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

Mr. Morton Stavis argued the cause for the appellants.

Before Judges EASTWOOD, BIGELOW and FREUND.

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

This is an appeal (by leave granted) from the denial of a motion to dismiss an indictment on the ground that the indictment fails to charge an offense. The State asserts that it charges the common law crime of incitement to a riot. The indictment in substance alleges that the appellants did unlawfully by speech and actions encourage and incite divers persons to unlawfully, riotously, and tumultuously assemble...

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