STATE v. D'AURIA


4 N.J. Super. 319 (1949)

66 A.2d 887

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS D'AURIA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1949.


Attorney(s) appearing for the Case

Mr. Leon W. Kapp (Kapp Brothers, attorneys) argued the cause for the defendant-appellant.

Mr. C. William Caruso (Mr. Duane E. Minard, Jr., Essex County Prosecutor, attorney) argued the cause for the plaintiff-respondent.

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

The defendant Thomas D'Auria was indicted with Nicholas Meo and Ralph Vicaro for conspiracy to cheat and defraud; D'Auria's motion to quash the indictment because of its alleged insufficiency was denied, he was convicted after trial, and has served his sentence; and his appeal is on the sole ground that the lower court erred in refusing to quash the indictment.

The indictment alleged that on May 8...

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