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STATE v. JOHNSON

23 N.J. Super. 296 (1952)

92 A.2d 808

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EWALD JOHNSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 1952.

Attorney(s) appearing for the Case

Mr. Jacob R. Mantel argued the cause for appellant.

Mr. Edward Cohn, Union County Prosecutor of the Pleas, argued the cause for respondent (Mr. H. Russell Morss, Jr., First Assistant Prosecutor, appearing).

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

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

The sole question raised on this appeal is, Did the deputy clerk of the Municipal Court of the City of Summit have lawful authority to take a complaint for violation of the Motor Vehicle Act?

Defendant was apprehended while operating a motor vehicle in Summit on April 26, 1952. He was taken to police headquarters, examined by a physician and pronounced to be under the influence of intoxicating liquor...

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