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STATE v. BATZ

34 N.J. Super. 172 (1955)

111 A.2d 789

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. AUGUST BATZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1955.

Attorney(s) appearing for the Case

Mr. Frank A. Dolan argued the cause for appellant (Messrs. Mackerley & Friedman, attorneys; Mr. Peter Friedman, of counsel).

Mr. Wilbur M. Rush, Warren County Prosecutor, argued the cause for respondent.

Before Judges CLAPP, JAYNE and FRANCIS.

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

The magistrate of the Municipal Court of the Town of Hackettstown at a trial on August 18, 1954 resolved that the defendant was guilty of having operated a motor vehicle on August 1, 1954 while under the influence of intoxicating liquor in violation of N.J.S.A. 39:4-50. At an appellate trial de novo the judge of the Warren County Court reached the same conclusion. The defendant having previously...

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