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STATE v. BURNETT

42 N.J. 377 (1964)

201 A.2d 39

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FLETCHER BURNETT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 1, 1964.

Attorney(s) appearing for the Case

Mr. Clive S. Cummis argued the cause for appellant (Messrs. Schiff, Cummis & Kent, attorneys).

Mr. Peter Murray, Assistant Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney).

The opinion of the court was delivered by WEINTRAUB, C.J.

Defendant was convicted of possession of lottery slips in violation of N.J.S. 2A:121-3. The Appellate Division affirmed, 79 N.J.Super. 242 (1963), and defendant appealed, asserting a constitutional question with respect to a search made without a search warrant. R.R. 1:2-1(a).

The arresting officers were told by a known confidential informant that...

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