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STATE v. WALTZ

61 N.J. 83 (1972)

293 A.2d 167

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PATRICK J. WALTZ, STEVEN R. DOWD AND GARY M. HAYWARD, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 26, 1972.

Attorney(s) appearing for the Case

Mr. John Lee Madden, Assistant Prosecutor, argued the cause for plaintiff-appellant (Mr. Dominick J. Ferrelli, Prosecutor of Burlington County, attorney; Mr. John Lee Madden, Assistant Prosecutor, on the brief).

Mr. Alfred J. Luciani, Deputy Attorney General, argued the cause for George F. Kugler, Jr., Attorney General of New Jersey, amicus curiae (Mr. Alfred J. Luciani, Deputy Attorney General, of counsel and on the brief).

Mr. Stuart Ball argued the cause for defendants-respondents (Messrs. Ball, Broege, Fogel & Weinglass, attorneys).

PER CURIAM.

Defendants were charged with possession of a legendary drug without a prescription in violation of N.J.S.A. 2A:170-77.8 (a disorderly persons offense) and possession of a narcotic drug in violation of N.J.S.A. 24:18-4* (an indictable offense). The Burlington County Grand Jury refused to indict the defendants and the disorderly persons charge was returned to the Municipal Court of Mount Laurel Township for disposition...

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