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STATE v. BEGYN

34 N.J. 35 (1961)

167 A.2d 161

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ALFONSE J. BEGYN, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 10, 1961.

Attorney(s) appearing for the Case

Mr. Frank J. Cuccio, Bergen County Assistant Prosecutor, argued the cause for plaintiff-appellant (Mr. Guy W. Calissi, Bergen County Prosecutor, attorney and of counsel; Mr. Cuccio on the brief).

Mr. Louis Santorf argued the cause for defendant-respondent.

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

This case is here on the State's appeal as of right by reason of a dissent in the Appellate Division. R.R. 1:2-1(b). The judgment there reversed a conviction for the common-law offense (N.J.S. 2A:85-1) commonly referred to as misconduct in office and ordered a new trial. 58 N.J.Super. 185.

Defendant's contention that the State's proofs so failed...

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