STATE v. EISENSTEIN


10 N.J. Super. 497 (1950)

77 A.2d 63

STATE OF NEW JERSEY, PLAINTIFF, v. ISADORE EISENSTEIN, DEFENDANT. STATE OF NEW JERSEY, PLAINTIFF, v. RICHARD F. POWELL, DEFENDANT.

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

Decided November 20, 1950.


Attorney(s) appearing for the Case

Mr. Edward Gaulkin, for the State of New Jersey.

Mr. John E. Toolan, for the defendant Isadore Eisenstein.

Mr. Samuel I. Kessler, for the defendant Richard F. Powell.


FRANCIS, J.C.C.

The defendants Eisenstein and Powell were indicted by the Essex County Grand Jury under R.S. 2:157-4 for false swearing. Two such indictments were returned against Eisenstein, and one against Powell. Both defendants have moved to dismiss the indictments on the grounds that: (1) they do not charge the commission of any crime; (2) the two of them which are drawn so as to take advantage of R.S. 2:157-5 do not set forth such clearly contradictory...

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