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STATE v. MORTON

39 N.J. 512 (1963)

189 A.2d 216

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

The Supreme Court of New Jersey.

Decided March 18, 1963.

Attorney(s) appearing for the Case

Mr. Robert J. Del Tufo, Assistant Prosecutor of Morris County, argued the cause for plaintiff-appellant (Mr. Frank C. Scerbo, Prosecutor of Morris County, attorney; Mr. Bertram Polow, First Assistant Prosecutor of Morris County, of counsel).

Mr. Frank F. Harding argued the cause for defendant-respondent (Mr. Aaron Dines, attorney).

Mr. Steven S. Radin, Deputy Attorney General, argued the cause for the State of New Jersey as amicus curiae (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

The opinion of the court was delivered PER CURIAM.

Defendant was convicted of operating a motorcycle under the influence of intoxicating liquor, contrary to N.J.S.A. 39:4-50. The County Court affirmed the conviction, but the Appellate Division reversed and ordered a new trial. 74 N.J.Super. 528 (1962). We granted the State's petition for certification. 38 N.J. 317 (1962).

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