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STATE v. COVINGTON

59 N.J. 536 (1971)

284 A.2d 532

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN COVINGTON, JR., a/k/a DR. JOHN J. ROBERTS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 13, 1971.

Attorney(s) appearing for the Case

Mrs. Martha K. Kwitny, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Michael H. Stieber, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. Thomas J. McCormick, on the brief).

PER CURIAM.

The question is whether the bad check statute, N.J.S.A. 2A:111-15 to 17, superseded the false pretense statute, N.J.S.A. 2A:111-1, when the instrument of the fraud is a worthless check. The maximum authorized punishment under the bad check statute is less than under the false pretense statute. The Appellate Division held the false pretense statute continued to apply. 113 N.J.Super. 229 (1971). That...

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