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STATE v. EMMETT

108 N.J. Super. 322 (1970)

261 A.2d 374

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RONALD E. EMMETT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1970.

Attorney(s) appearing for the Case

Mr. Remo M. Croce, Deputy Attorney General, argued the cause for appellant (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Francis E. Gazdzinski argued the cause for respondent.

Before Judges GOLDMANN, LEWIS and MATTHEWS.

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

The State appeals from a County Court judgment of acquittal finding defendant not guilty and reversing his conviction in the municipal court for violating N.J.S.A. 39:4-50(b) (operating a motor vehicle while ability to operate is impaired by the consumption of alcohol), remitting the $50 fine and costs imposed in the municipal court, and restoring...

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