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STATE v. LA FERA

35 N.J. 75 (1961)

171 A.2d 311

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT-RESPONDENT, v. JOSEPH LA FERA, SR., WILBUR W. BLAUVELT, RICHARD N. DINALLO, ANTHONY P. MIELE AND PHILLIP R. SALVATORE, DEFENDANTS-RESPONDENTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 22, 1961.

Attorney(s) appearing for the Case

Mr. Burrell Ives Humphreys argued the cause for plaintiff-appellant, cross-respondent (Mr. David D. Furman, Attorney General, Mr. John J. Bergin and Mr. Evan William Jahos, attorneys).

Mr. Walter D. Van Riper (Messrs. Van Riper and Belmont, attorneys), Mr. Albert G. Besser, Mr. John W. McGeehan, Jr., Mr. William A. Wachenfeld, and Mr. John J. Breslin argued the cause for defendants-respondents, cross-appellants.

The opinion of the court was delivered by WEINTRAUB, C.J.

Defendants moved to dismiss the indictment returned against them and the State moved to amend. The trial court refused to dismiss but required the State to elect to proceed upon one of the two counts the indictment contains. The State's motion to amend was denied in part. The Appellate Division granted all parties leave to appeal and we certified the appeals before the Appellate Division considered them.

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