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STATE v. KLEINWAKS

68 N.J. 328 (1975)

345 A.2d 793

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JULIAN KLEINWAKS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided September 29, 1975.

Attorney(s) appearing for the Case

Mr. Alan Y. Medvin argued the cause for defendant-appellant (Mr. Sheldon Bross, of counsel; Messrs. Horowitz, Bross and Sinins, attorneys).

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Mr. Richard W. Berg, Deputy Attorney General, argued the cause amicus curiae for the State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by SULLIVAN, J.

This case presents the question whether a defendant in a criminal case is subjected to double jeopardy by the State appealing a judgment of acquittal entered by the trial court after a trial in which the jury has returned a verdict of guilty. We conclude that such an appeal does not subject a defendant to double jeopardy under either our Federal or State Constitutions...

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