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STATE v. LYNCH

79 N.J. 327 (1979)

399 A.2d 629

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CLARENCE E. LYNCH, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 19, 1979.

Attorney(s) appearing for the Case

Mr. Frank H. Graves, Assistant Prosecutor, argued the cause for appellant (Mr. Richard S. Rebeck, Middlesex County Prosecutor, attorney).

Mr. Richard W. Berg, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

Mr. Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the court was delivered by SCHREIBER, J.

The issues in this case concern the State's right to appeal from a judgment of dismissal, the propriety of granting a motion for judgment at the conclusion of the State's opening to the jury, and the application of the Double Jeopardy Clause when a judgment of dismissal has been improvidently entered.

Defendant Clarence E. Lynch was indicted in Middlesex County...

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