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STATE v. FASS

62 N.J. Super. 265 (1960)

162 A.2d 608

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVE FASS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Hudson County Court, Law Division (Criminal).

Decided June 30, 1960.

Attorney(s) appearing for the Case

Mr. Joseph L. Freiman argued the cause for the defendant-appellant.

Mr. David M. Satz, Jr., Assistant Attorney General, argued the cause for the plaintiff-respondent (Mr. David D. Furman, Attorney General, attorney; Mr. Robert S. Miller, Deputy Attorney General, on the brief).

Mr. Grank J.V. Gimino, Assistant Prosecutor, also argued the cause for the plaintiff-respondent (Mr. Lawrence A. Whipple, Hudson County Prosecutor, attorney).

DUFFY, J.C.C.

This is an appeal from a conviction in the West New York Municipal Court of the offense of selling carpeting on Sunday in violation of Chapter 119 of the Laws of 1959 (N.J.S. 2A:171-5.8, et seq.).

The defendant is of the Orthodox Jewish faith and observes Saturday as the Sabbath, keeping his store closed, abstaining from all recreation and devoting the day to the exercise of religious worship. As a consequence...

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