STATE v. WALTERS


14 N.J. Super. 234 (1951)

81 A.2d 834

THE STATE OF NEW JERSEY, (THOMAS ALSTON, COMPLAINANT) PLAINTIFF-RESPONDENT, v. LAWRENCE J. WALTERS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Mercer County Court Law Division.

Decided June 13, 1951.


Attorney(s) appearing for the Case

Mr. Henry F. Gill, attorney for appellant.

Mr. Mario H. Volpe, Prosecutor of the Pleas (Mr. Frederick English, Assistant Prosecutor, appearing), for the State.


HUTCHINSON, J.C.C.

The defendant (appellant in this court) was convicted in the Municipal Court of the Township of Hamilton in this county on August 19, 1950, of a violation of R.S. 39:4-97 and appeals therefrom. This matter arises on a motion by the appellant to dismiss the complaint.

It is admitted that the complaint upon which the conviction was based was made before an individual who took the same as "deputy clerk"; that this person was appointed...

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