STATE v. CAPPON


118 N.J. Super. 9 (1971)

285 A.2d 287

STATE OF NEW JERSEY, PLAINTIFF, v. ADRIAN CAPPON, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal).

Decided December 22, 1971.


Attorney(s) appearing for the Case

Mr. Joseph P. Lordi, Prosecutor of Essex County, for State (Mr. Michael A. Petrolle, Assistant Prosecutor, appearing).

Miss Nadine Taub, for defendant (Mr. Stuart Ball, appearing).


MEHLER, J.S.C.

Defendant, who has been indicted for an alleged violation of N.J.S.A. 2A:148-10(b), has moved to declare the statute unconstitutional on its face and to dismiss the indictment as one founded on a void statute. More specifically, he contends that the statute violates the First and Fourteenth Amendments in that it is vague and overbroad.

N.J.S.A. 2A:148-10 provides as follows:

Any person who, in public or private, by speech...

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