STATE v. SMITH


52 N.J. Super. 556 (1958)

146 A.2d 224

STATE OF NEW JERSEY v. CLARENCE SMITH AND LEE STANFORD, DEFENDANTS.

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

Decided November 21, 1958.


Attorney(s) appearing for the Case

Mr. Alfred C. Clapp argued for the motion on behalf of Clarence Smith.

Mr. Hymen B. Mintz argued for the motion on behalf of Lee Stanford.

Mr. C. Robert Sarcone argued against the motion on behalf of the State (Mr. Charles V. Webb, Jr., attorney; Mr. Peter N. Perretti, on the brief).


LYONS, J.C.C.

The defendants stand indicted for murder. At the time of commission of the alleged offense, each was 17 years of age. They now move the court to dismiss the indictment for the following reasons:

1. The failure of the Juvenile Court to conduct a preliminary hearing prior of its referral of the complaint to the county prosecutor.

2. Deprivation of the right to a preliminary hearing before a magistrate, following referral of the complaint...

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