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STATE v. LOUGHREY

149 N.J. Super. 264 (1977)

373 A.2d 703

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EDWARD J. LOUGHREY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1977.

Attorney(s) appearing for the Case

Mr. William F. Bolan, Jr., Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Anthony L. Bongioanni argued the cause for respondent.

Before Judges HALPERN, ALLCORN and BOTTER.

The opinion of the court was delivered by BOTTER, J.A.D.

The State appeals from an order dismissing the indictment insofar as it applies to defendant Loughrey on the ground that his prosecution is barred by the statute of limitations. For the offense charged N.J.S.A. 2A:159-2 provides that the indictment "shall be found within five years from the time of committing the offense * * *." The State contends that defendant can be prosecuted for a crime which was...

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