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STATE v. E.H. MILLER TRANS. CO., INC.

74 N.J. Super. 474 (1962)

181 A.2d 537

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. E.H. MILLER TRANSPORTATION COMPANY, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1962.

Attorney(s) appearing for the Case

Mr. Joseph L. Tramutola, Jr., argued the cause for appellant (Messrs. Toolan, Haney & Romond, attorneys; Mr. Tramutola, of counsel).

Mr. Steven S. Radin, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Radin, of counsel).

Before Judges PRICE, GOLDMANN and LEWIS.

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

Defendant E.H. Miller Transportation Company, Inc., appeals from a conviction for violating the highway weight limitation statute N.J.S.A. 39:3-84 (amendment L. 1961, c. 113, sec. 3, is not here applicable). The substance of defendant's contention is that a conviction under said statute may not be sustained by evidence obtained (1) by public scales located more than two road miles...

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