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STATE v. FIORE

69 N.J. Super. 122 (1961)

173 A.2d 561

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ANTHONY FIORE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 1961.

Attorney(s) appearing for the Case

Mr. Sam Weiss argued the cause for appellant (Messrs. Kein, Scotch & Pollatschek, attorneys; Mr. Gustave G. Kein, Jr., of counsel).

Mr. Albert L. Simpson argued the cause for respondent.

Before Judges CONFORD, FREUND and KILKENNY.

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

Defendant, an itinerant ice cream vendor, was convicted and fined $50 in the Municipal Court of the Township of Union for violating the following township ordinance provision:

"It shall be unlawful for any person to operate an itinerant retail food handling establishment upon which food is prepared and from which food is served or sold."

There was a plenary trial in the municipal court, at...

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