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STATE v. SAGARESE

34 N.J. Super. 126 (1955)

111 A.2d 777

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL A. SAGARESE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 1955.

Attorney(s) appearing for the Case

Mr. Bertram Polow argued the cause for appellant (Mr. John D. Collins, Morris County Prosecutor).

Mr. Harry Kalisch argued the cause for respondent (Messrs. Kalisch and Kalisch, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

A background sufficiently capacious to reflect the reasons for the several points debated at the argument of this appeal requires the following precursory explanation.

On January 8, 1954 a complaint was addressed to the Municipal Court of the Town of Morristown that the defendant on January 7, 1954 and again on January 8, 1954 was a disorderly person in that on those occasions he violated

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