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STATE v. MORTON

74 N.J. Super. 528 (1962)

181 A.2d 785

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM P. MORTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1962.

Attorney(s) appearing for the Case

Mr. Aaron Dines argued the cause for appellant.

Mr. Bertram Polow, First Assistant Prosecutor, argued the cause for respondent (Mr. Frank C. Scerbo, Morris County Prosecutor, attorney).

Before Judges CONFORD, GAULKIN and KILKENNY.

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

We think the interests of justice call for a retrial of this case before the municipal court.

The defendant was convicted of driving a motorcycle under the influence of intoxicating liquor, contrary to N.J.S.A. 39:4-50. He was punished as a second offender. The prosecuting interrogation of the State's witnesses was conducted by the sitting magistrate, no prosecuting attorney being available...

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