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STATE v. HENRY

56 N.J. Super. 1 (1959)

151 A.2d 412

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN P. HENRY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1959.

Attorney(s) appearing for the Case

Mr. William L. Boyan, Deputy Attorney General, argued the cause for appellant (Mr. David D. Furman, Attorney General, attorney; Mr. Remo M. Croce, Deputy Attorney General, on the brief).

Mr. Roy G. Simmons argued the cause for respondent (Messrs. Camp and Simmons, attorneys; Mr. Howard M. Borden, Jr., on the brief).

Before Judges GOLDMANN, CONFORD and FREUND.

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

The State appeals from a County Court judgment reversing defendant's conviction in the municipal court for violation of N.J.S.A. 39:4-50 (operation of a motor vehicle while under the influence of intoxicating liquor), and entering a judgment of acquittal. The ground of reversal was that the complaint did not contain "any written statement of the essential...

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