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STATE v. OATS

32 N.J. Super. 435 (1954)

108 A.2d 641

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LACY OATS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 21, 1954.

Attorney(s) appearing for the Case

Mr. J. Bernard Saltzman argued the cause for plaintiff-respondent (Mr. Donald G. Collester, attorney).

Mr. Joseph Butt argued the cause for defendant-appellant.

Before Judges CLAPP, JAYNE and FRANCIS.

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

Defendant, Lacy Oats, appeals from a refusal to set aside a judgment of conviction entered on an indictment for conspiracy. He raises three questions: whether there was a merger between this indictment, by which he and Daniel York are charged with a conspiracy for the sale of narcotics, and another indictment against Oats alone for the actual sale of heroin; whether Oats was put in double jeopardy by the two...

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