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STATE v. WINNE

12 N.J. 152 (1953)

96 A.2d 63

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WALTER G. WINNE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 30, 1953.

Attorney(s) appearing for the Case

Mr. William A. Consodine argued the cause for the appellant (Messrs. Crummy and Consodine, of counsel; Mr. John J. Gibbons on the brief; Mr. Theodore D. Parsons, Attorney-General of the State of New Jersey).

Mr. John W. McGeehan, Jr., argued the cause for the respondent (Mr. Joseph Weintraub, of counsel).

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

The defendant, the County Prosecutor of Bergen County, was indicted on November 28, 1951, on 19 counts charging him with criminal nonfeasance in office. On June 30, 1952 the defendant moved to dismiss the indictment. The trial court made an order on August 18, 1952 granting the motion, which the State seeks to review here.

The first 16 counts follow a single pattern. They identify the defendant as...

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