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STATE v. ROLLER

29 N.J. 339 (1959)

149 A.2d 238

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MAX H. ROLLER, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 9, 1959.

Attorney(s) appearing for the Case

Mr. Sol Schulman argued the cause for the appellant (Mr. Lawrence A. Whipple, Hudson County Prosecutor, attorney).

Mr. Seymour Margulies argued the cause for the respondent (Mr. Maurice M. Krivit, attorney; Messrs. Levy, Lemken & Margulies, counsel).

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

The State appealed to the Appellate Division from an order dismissing indictment No. 475 which the grand jury of Hudson County (1954 term — second session) had returned against the defendant Max H. Roller. We certified the appeal on our own motion. See R.R. 1:10-1(a).

In 1949 the defendant was transferred from Dickinson High School, where he...

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