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STATE v. DOTO

10 N.J. 318 (1952)

91 A.2d 337

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH DOTO, ALIAS JOE ADONIS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided September 22, 1952.

Attorney(s) appearing for the Case

Mr. John E. Selser argued the cause for the appellant (Messrs. Selser & Shenier, attorneys).

Mr. Joseph A. Murphy argued the cause for the respondent (Mr. Theodore D. Parsons, Attorney-General).

PER CURIAM.

The judgment will be affirmed for the reasons expressed in the opinion of Judge McGEEHAN in the court below.

HEHER, J., concurring.

The principle of separability is in aid of the intention of the lawgiver. The inquiry is whether the lawmaking body designed that the enactment should stand or fall as a unitary whole. It is not enough that the act be severable in fact; its severability in the event of partial invalidity must also have been...

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