STATE v. EMERY


27 N.J. 348 (1958)

142 A.2d 874

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDWARD EMERY, DEFENDANT-APPELLANT (TWO CASES).

The Supreme Court of New Jersey.

Decided June 16, 1958.


Attorney(s) appearing for the Case

Mr. Louis Winer argued the cause for appellant (Mr. Benjamin Yanowsky, attorney).

Mr. Bertram Polow argued the cause for the State (Mr. Frank C. Scerbo, Morris County Prosecutor, attorney; Mr. Stephen B. Wiley, on the brief).


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

The Appellate Division affirmed two judgments of conviction entered against defendant in the Morris County Court, and we granted his petition for certification. Both convictions arise out of the circumstances attending an automobile accident in which defendant was involved. The judgments are admittedly based on mutually inconsistent findings of fact.

On the evening of March 3, 1956 Edward Emery attended...

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