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STATE v. MORRISSEY

11 N.J. Super. 298 (1951)

78 A.2d 329

THE STATE OF NEW JERSEY, v. TIMOTHY MORRISSEY, DEFENDANT.

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

Decided January 10, 1951.

Attorney(s) appearing for the Case

Mr. Horace K. Roberson, County Prosecutor (Mr. William A. O'Brien, Assistant County Prosecutor, of counsel), attorney for the State.

Messrs. Solomon & Miller (Mr. Abraham Miller appearing), attorney for the defendant.

DREWEN, J.C.C.

Defendant moves to quash on the ground that the indictment fails to charge a crime. The indictment is within the purview of R.S. 2:103-1 which enacts the common law of crimes, viz.: "* * * all other offenses of an indictable nature at common law, and not expressly provided for by statute, shall be misdemeanors." One effect of this provision is to add the crime here in question to those other crimes of unlawful threat that are defined in R...

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