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STATE v. MILLER

64 N.J. Super. 262 (1960)

165 A.2d 829

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN S. MILLER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 25, 1960.

Attorney(s) appearing for the Case

Mr. Ronald Picinich argued the cause for appellant (Mr. John J. Cariddi, of counsel).

Mr. William C. Brudnick, Special Assistant Prosecutor, argued the cause for respondent (Mr. Guy W. Calissi, Bergen County Prosecutor, attorney).

Before Judges GAULKIN, SULLIVAN and FOLEY.

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

Defendant was convicted in the Municipal court, and upon trial de novo in the County Court, of operating a motor vehicle while under the influence of intoxicating liquor, in violation of N.J.S.A. 39:4-50. Now he appeals to this court, upon the grounds that (1) the result of a Drunkometer test was improperly received in evidence and used by the County Court as a basis for its decision, and (2)...

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