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STATE v. RHODES

11 N.J. 515 (1953)

95 A.2d 383

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HARRY M. RHODES, EVA SERIN, JEROME SERIN AND ANDREW SERIN, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 2, 1953.

Attorney(s) appearing for the Case

Mr. Eugene T. Urbaniak, Deputy Attorney-General, argued the cause for appellant (Mr. Adrien B. Hommell, Sussex County Prosecutor, attorney).

Mr. David Cohn argued the cause for respondents Eva Serin, Jerome Serin and Andrew Serin.

The opinion of the court was delivered by JACOBS, J.

This is an appeal, certified by this Court on its own motion, from an order dismissing an indictment against the defendants Harry M. Rhodes, Eva Serin, Jerome Serin and Andrew Serin.

The indictment charged the defendants with conspiracy to cheat and defraud in violation of R.S. 2:119-1 (N.J.S. 2A:98-1) and set forth the following: The defendants were president, vice-president, secretary...

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