STATE v. NERI


10 N.J. Super. 224 (1950)

76 A.2d 915

STATE OF NEW JERSEY, PLAINTIFF, v. JOSEPH A. NERI, DEFENDANT.

Superior Court of New Jersey, Somerset County Court Law Division.

Decided October 26, 1950.


Attorney(s) appearing for the Case

Mr. Benjamin Gordon argued the cause for the defendant.

Mr. Leon Gerofsky, Assistant Prosecutor, Somerset County, argued the cause for the State.


SMITH, J.C.C. (orally, after hearing arguments of counsel).

The statute under which this defendant is indicted, R.S. 2:138-9 requires, in order to hold a defendant charged with its violation guilty of the charge, that he "shall cause the death of another by driving any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others."

Some reference has been made to gross negligence in the arguments of this motion and...

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