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STATE v. SPENCE

36 N.J. Super. 314 (1955)

115 A.2d 585

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DONALD SPENCE, CARROLL PERKINS, TRADING AS PERKINS NURSERY, HENRY J. KNOLL, TRADING AS HOLLYWOOD FLORIST, HERMAN R. ZINN AND MITTERMEYER NURSERY CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 1955.

Attorney(s) appearing for the Case

Mr. Frank J.V. Gimino, Assistant Prosecutor, argued the cause for appellant (Mr. Frederick T. Law, County Prosecutor).

Mr. James A. Major argued the cause for respondent Carroll Perkins.

Mr. Milton T. Lasher argued the cause for respondents Herman R. Zinn and Mittermeyer Nursery Corporation.

Mr. Robert H. Wall argued the cause for respondent Henry J. Knoll (Mr. Samuel Schwartz, attorney; Mr. Louis K. Wilder, of counsel).

Messrs. Van Riper & Belmont, attorneys for respondent Donald Spence (Mr. Paul N. Belmont, of counsel).

Before Judges CLAPP, JAYNE and FRANCIS.

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

It appears to be acknowledged by all counsel that the indictment the validity of which we are requested to determine is unfashionably composed. Its informality in point of its questionable import and resultant legality has occasioned the submission to us of the several divergent aspects in which it may be perceived. We have given thoughtful consideration to all...

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