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STATE v. BAUMGARTNER

21 N.J. Super. 348 (1952)

91 A.2d 222

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH BAUMGARTNER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 15, 1952.

Attorney(s) appearing for the Case

Mr. Lewis S. Beers argued the cause for the appellant (Mr. Joseph V. DeMasi, attorney).

Mr. John H. Pursel, Warren County Prosecutor, argued the cause for the respondent.

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

PER CURIAM.

Just before midnight, February 25, 1952, the driver of a passing car observed defendant's truck on Main Street, Hackettstown, N.J., standing half-way between the curb and the center line of the street, with headlights on and the driver slumped over the wheel. The police were notified. Upon arriving at the scene a few minutes later the police officer found defendant with his head over the wheel, his right arm hanging through the spokes and left arm hanging...

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