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STATE v. RIVERS

16 N.J. Super. 159 (1951)

84 A.2d 16

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RICHARD RIVERS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1951.

Attorney(s) appearing for the Case

Mr. Donald G. Collester, Passaic County Prosecutor, argued the cause for the State (Mr. J. Bernard Saltzman, Assistant County Prosecutor, on the brief).

Mr. Martin Klughaupt argued the cause for respondent.

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

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

On June 19, 1951, judgment discharging Richard Rivers, the respondent here, from custody was entered in the Passaic County Court in a proceeding on writ of habeas corpus ad subjiciendum. Notice of appeal therefrom was filed September 18, 1951. The respondent moves to dismiss the appeal on two grounds: (1) that the State has no right to appeal from such a judgment because of the provisions of L...

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