STATE v. JOHNSON


23 N.J. Super. 304 (1952)

93 A.2d 27

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

Superior Court of New Jersey, Appellate Division.

Decided December 3, 1952.


Attorney(s) appearing for the Case

Mr. Charles V. Webb, Jr., argued the cause for the plaintiff-respondent (Mr. Edward Gaulkin, attorney).

Mr. Michael Breitkopf argued the cause for the defendant-appellant.

Before Judges EASTWOOD, GOLDMANN and FRANCIS.


PER CURIAM.

The defendant Bernays Johnson was convicted of operating a motor vehicle while under the influence of intoxicating liquor, in violation of R.S. 39:4-50, as amended, by the West Orange Municipal Court and, on appeal, in a trial de novo, he was found guilty by the Essex County Court. He appeals from the latter judgment.

The defendant contends that "it is incumbent upon the prosecution to prove not only that the defendant was drunk and...

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