STATE v. SMITH


6 N.J. Super. 85 (1949)

70 A.2d 175

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. J. ALLEN SMITH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1949.


Attorney(s) appearing for the Case

Mr. George S. Sauer argued the cause for the defendant-appellant (Mr. Eugene F. Mainzer, attorney).

Messrs. H. Russell Morss, Jr., First Assistant Prosecutor of Union County, and Mr. James F. Patten, City Attorney of Rahway, argued the cause for the plaintiff-respondent (Mr. Edward Cohn, Prosecutor of Union County, attorney).

Before Judges JACOBS, DONGES and BIGELOW.


The opinion of the court was delivered PER CURIAM.

This is an appeal from a judgment of conviction, for operating a motor vehicle on a public highway while under the influence of intoxicating liquor, entered in the Municipal Court of the City of Rahway.

On January 4, 1949, a Dodge sedan driven by the defendant collided in Rahway with a truck owned by Mr. Posnock. The defendant was arrested by a police officer and a complaint was duly filed charging him with...

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