STATE v. MANNEY


42 N.J. Super. 569 (1956)

127 A.2d 217

STATE OF NEW JERSEY, PLAINTIFF, v. BERNARD J. MANNEY, DEFENDANT.

Superior Court of New Jersey, Passaic County Court, Law Division.

Decided November 30, 1956.


Attorney(s) appearing for the Case

Mr. Samuel Doan argued the cause for the defendant (Mr. Charles C. Stalter, attorney).

Mr. Nicholas Martini argued the cause on behalf of the grand jurors.

Mr. Archibald Kreiger argued the cause for the State of New Jersey (Mr. Charles S. Joelson, Deputy Attorney-General and Acting Prosecutor of Passaic County).


HINCHLIFFE, J.C.C.

This is a motion by the defendant to dismiss Indictments Nos. 156-55, 159-55 and 160-55 on the grounds that they are deficient, that during the deliberations of the grand jury which returned the indictments an unauthorized person was present, and that the indictments were found and returned as a result of malice, bias, passion and prejudice.

R.R. 3:3-6 provides:

"Grand Jury...

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