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STATE v. WEISS

21 N.J. Super. 507 (1952)

91 A.2d 433

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES WEISS, SR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 1952.

Attorney(s) appearing for the Case

Mr. Ellis M. Kopp argued the cause for the plaintiff-respondent (Mr. Harry L. Towe, Acting Prosecutor of Bergen County), attorney.

Mr. William V. Breslin argued the cause for the defendant-appellant (Mr. Sidney Dincin on the brief).

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.C.C.

This appeal is from a conviction of driving an automobile while under the influence of intoxicating liquor in violation of R.S. 39:4-50. Two grounds of appeal were urged in the brief, namely, that the finding of guilt is not supported by the weight of the evidence and that the court erred in considering on the trial de novo certain evidence which the return of the municipal magistrate indicated...

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