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STATE v. BASTIAN

78 N.J. Super. 49 (1962)

187 A.2d 378

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

Superior Court of New Jersey, Union County Court, Law Division — Criminal.

Decided December 17, 1962.

Attorney(s) appearing for the Case

Mr. John J. Dugan, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. H. Douglas Stine, Prosecutor, attorney).

Mr. George W. Morton, Jr., argued the cause for defendant-appellant.

Mr. Earl Pollock, as amicus curiae, argued the cause for the Borough of Kenilworth.

W.F. WOOD, J.C.C.

This case comes before the court on appeal from a conviction in the Municipal Court of the Borough of Kenilworth of the offense of speeding. Specifically, defendant was convicted of operating a motor vehicle in a southerly direction on North Michigan Avenue at a speed in excess of 25 miles an hour in a "residence district" in violation of N.J.S.A. 39:4-98 (b). Defendant concedes that he was traveling 40 miles an hour; but he maintains that...

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