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STATE v. TRACY

29 N.J. Super. 145 (1953)

102 A.2d 52

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ERNEST TRACY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 1953.

Attorney(s) appearing for the Case

Mr. Frank H. Lawton argued the case for the State (Mr. Mario H. Volpe, attorney).

Mr. George Pellettieri argued the cause for the defendant-appellant.

Before Judges CLAPP, GOLDMANN and EWART.

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

This is a test case. The appellant was convicted in the municipal court as a disorderly person for violating N.J.S. 2A:170-76. The County Court affirmed. By the statute it is provided:

"Any person who, without just cause, * * * possesses with intent * * * to sell the same, any instrument, medicine or other thing, designed or purporting to be designed for the prevention of conception *...

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