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STATE v. LABATO

7 N.J. 137 (1951)

80 A.2d 617

THE STATE OF NEW JERSEY, APPELLANT, v. VICTOR LABATO, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued April 2, 1951.

Decided May 14, 1951.

Attorney(s) appearing for the Case

Mr. Robert Burk Johnson, Assistant County Prosecutor, argued the cause for the State. Mr. Mitchell H. Cohen, County Prosecutor, on the brief.

Mr. Joseph Tomaselli argued the cause for respondent (Messrs. Malandra & Tomaselli, attorneys).

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

The question here is the sufficiency of the plea of double jeopardy interposed by defendant Labato to an indictment returned in the Camden County Court on February 16, 1950, charging that on a given day he "unlawfully and knowingly did have in his possession certain paper, slips, documents and memorandum pertaining to the business of lottery policy, so-called and otherwise...

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