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STATE v. SMITH

130 N.J. Super. 442 (1974)

327 A.2d 462

STATE OF NEW JERSEY, PLAINTIFF, v. DENNIS S. SMITH, DEFENDANT.

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

Decided October 2, 1974.

Attorney(s) appearing for the Case

Mr. Jeff Masin, Assistant Prosecutor, for the State (Mr. Richard J. Williams, Atlantic County Prosecutor, attorney).

Mr. Gerard C. Gross for defendant (Messrs. McGahn and Friss, attorneys).

GREENBERG, J.C.C., Temporarily Assigned.

Defendant moves to dismiss the count of an indictment charging him with a violation of N.J.S.A. 2A:127-4 on the ground that the statute is unconstitutional on its face. The statute provides as follows:

Any person who installs or has in any automobile, a short-wave radio receiver operative on frequencies assigned by the federal communications commission for fire...

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