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STATE v. JOHNSON

42 N.J. 146 (1964)

199 A.2d 809

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FLORENCE B. JOHNSON, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 20, 1964.

Attorney(s) appearing for the Case

Mr. Peter Murray, Assistant Essex County Prosecutor argued the cause for plaintiff-appellant (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney; Mr. Murray, of counsel and on the brief).

Mr. Herman D. Michels argued the cause for defendant-respondent (Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys; Mr. Jay E. Bailey and Mr. Michels, of counsel; Mr. Alan W. Kempler, on the brief).

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

This appeal derives from defendant's conviction in the Livingston Municipal Court for operating a motor vehicle "while under the influence of intoxicating liquor" in violation of N.J.S.A. 39:4-50, which provides in pertinent part as follows:

"A person who operates a motor vehicle while under the influence of intoxicating liquor * * * shall be subject, for a...

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