The opinion of the court was delivered by FREUND, J.A.D.
The State appeals from an order of the trial court dismissing an indictment.
On January 25, 1962 the Mercer County grand jury returned an indictment containing two counts charging defendant, David Silverstein, with the common law offense of misconduct in office during his tenure as undersheriff of Mercer County, contrary to the provisions of N.J.S. 2A:85-1.
The first count of the indictment...
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