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STATE v. ROMEO

43 N.J. 188 (1964)

203 A.2d 23

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK ROMEO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Argued May 19, 1964.

Decided August 6, 1964.

Attorney(s) appearing for the Case

Mr. Thomas E. Durkin, Jr. argued the cause for defendant-appellant (Mr. William J. Gearty, on the brief).

Mr. Peter Murray, Assistant Prosecutor of Essex County, argued the cause for plaintiff-respondent (Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney; Mr. Murray, of counsel and on the brief).

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

The defendant was convicted of bookmaking, N.J.S. 2A:112-3, by a jury in the Essex County Court. His appeal was certified on our own motion while pending unheard in the Appellate Division. Three principal grounds are urged for reversal: first, because of an abortive prior trial, the further prosecution in which he was convicted was barred under principles of double jeopardy; second, articles were introduced...

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