STATE v. PETERMAN


29 N.J. Super. 236 (1953)

102 A.2d 398

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDWARD L. PETERMAN, ET AL., DEFENDANTS-PETITIONERS.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 1953.


Attorney(s) appearing for the Case

Mr. George Pellettieri argued the motion for defendants (Mr. Carl Kisselman, Mr. George Pellettieri, Mr. Charles A. Cohen, Mr. Alfred M. Bitting, Mr. Sidney W. Bookbinder, Mr. Robert E. Dietz, attorneys for defendants).

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

Before Judges CLAPP, GOLDMANN and EWART.


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

Application is made for leave to appeal from orders denying defendants' motions to dismiss indictments. R.R. 3:5-5 (b) (6) (a); 2:2-4; 2:12. There have been a number of such applications in recent years, and we think it well to observe that we will not grant leave to appeal from the denial of such a motion except in a flagrant case or one where the indictment upon its face appears to be...

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