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STATE v. O'CONNOR

76 N.J. Super. 246 (1962)

184 A.2d 83

STATE OF NEW JERSEY, PLAINTIFF, v. ROBERT J. O'CONNOR, JOHN E. PAKENHAM, JULES BERSIN AND CARL J. DOMINO, DEFENDANTS.

Superior Court of New Jersey, Middlesex County Court.

Decided September 4, 1962.

Attorney(s) appearing for the Case

Mr. Edward J. Dolan, Middlesex County Prosecutor, for plaintiff (Mr. John P. Kozak, of counsel).

Mr. Ishmael Sklarew for defendant John E. Pakenham.

Mr. Albert W. Seaman for defendants Robert J. O'Connor and Carl J. Domino.

Mr. Martin S. Goldin for defendant Jules Bersin.

MOLINEUX, J.C.C.

The defendants were charged in the Municipal Court of the Township of Piscataway with violation of R.S. 39:4-52, which statute provides that "no person shall operate a motor vehicle upon a public highway * * * in a race * * *." The matter was tried in the County Court on the transcript made below.

Initially, defendants claim that there is no evidence that in fact they were racing. Examination...

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