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STATE v. McCARTHY

30 N.J. Super. 6 (1954)

103 A.2d 169

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH P. McCARTHY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1954.

Attorney(s) appearing for the Case

Mr. David Young, 3rd, argued the cause for appellant (Mr. Harry L. Sears, on the brief).

Mr. Oscar F. Laurie, Assistant Prosecutor, argued the cause for respondent (Mr. John D. Collins, Morris County Prosecutor).

Before Judges EASTWOOD, JAYNE and FRANCIS.

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

At a trial de novo in the Morris County Court the defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor in violation of R.S. 39:4-50, from which judgment he prosecutes the present appeal.

Our study of the testimony in the sequence of its introduction influences us to conclude that the evidence adduced by the State in the prosecution of the...

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