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STATE v. MARK

23 N.J. 162 (1957)

128 A.2d 487

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ALBERT B. MARK, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 14, 1957.

Attorney(s) appearing for the Case

Mr. H. Russell Morss, Jr., Union County Prosecutor, argued the cause for the State (Mr. Richard P. Muscatello, Assistant County Prosecutor, on the brief).

Mr. Leslie S. Kohn argued the cause for respondent (Mr. Abraham L. Friedman, on the brief).

The opinion of the court was delivered by WACHENFELD, J.

The State appeals from a judgment of autrefois convict entered in the Union County Court in favor of the defendant.

On October 26, 1955 Albert B. Mark was arrested in the Borough of Roselle. The complaint sworn out charged him with being a disorderly person in violation of N.J.S. 2A:170-1 in that "he did not give a good account of himself, while being in the Borough of Roselle, and...

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