STATE v. FRANCIS


67 N.J. Super. 377 (1961)

170 A.2d 476

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DAVID FRANCIS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 1961.


Attorney(s) appearing for the Case

Mr. Robert S. Miller, Deputy Attorney General, argued the cause for appellant (Mr. David D. Furman, Attorney General, attorney; Mr. Stephen F. Lichtenstein, Deputy Attorney General, of counsel; Mr. Matthew T. Rinaldo, Legal Assistant, on the brief).

No appearance for respondent.

Before Judges GOLDMANN, FOLEY and LEWIS.


The opinion of the court was delivered PER CURIAM.

The State appeals under R.R. 3:5-5(b)(7) from an Atlantic County Court order dismissing its amended complaint on the ground of double jeopardy. Defendant had appealed to that court from a conviction in Egg Harbor Township Municipal Court for failing to obey stop signs, in violation of N.J.S.A. 39:4-144. No testimony was taken or record of proceedings made in the County Court; the facts were stipulated...

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