STATE v. CRUZ


15 N.J. Super. 577 (1951)

83 A.2d 634

THE STATE OF NEW JERSEY, PLAINTIFF, v. JOSEPH CRUZ, DEFENDANT. THE STATE OF NEW JERSEY, PLAINTIFF, v. LOUIS GAMINO, DEFENDANT. THE STATE OF NEW JERSEY, PLAINTIFF, v. ROBERT DEAN, DEFENDANT.

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

Decided October 5, 1951.


Attorney(s) appearing for the Case

Mr. Richard J. Congleton, County Prosecutor (by Mr. Charles V. Webb, Jr.), attorney for the State.

Mr. Max Schomer, attorney for Joseph Cruz.

Mr. James P. Lordi, attorney for Louis Gamino.

Mr. Sol Kesselman, attorney for Robert Dean.


HARTSHORNE, J.C.C.

The above are test cases as to the validity of respective accusations for possession of narcotic drugs contrary to the provisions of R.S. 24:18-4, each of such defendants having previously pleaded guilty and been sentenced as common drug addicts under the Disorderly Persons Act, R.S. 2:202-3. The issue arises on defendants' motions to dismiss the accusations under the above statute....

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