STATE v. SILVERSTEIN


41 N.J. 203 (1963)

195 A.2d 617

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. DAVID SILVERSTEIN, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 2, 1963.


Attorney(s) appearing for the Case

Mr. George L. Pellettieri argued the cause for defendant-appellant and cross-respondent (Mrs. Ruth Rabstein, on the brief; Messrs. Pellettieri & Rabstein, attorneys).

Mr. John J. Bergin, Assistant Attorney General of New Jersey, and Mr. Steven S. Radin, Deputy Attorney General of New Jersey, argued the cause for plaintiff-respondent and cross-appellant (Mr. Evan W. Jahos, Deputy Attorney General of New Jersey, on the brief; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).


The opinion of the court was delivered

PER CURIAM.

Defendant, an undersheriff of Mercer County, was indicted for misconduct in office. On motion, the trial court dismissed the indictment. The Appellate Division reversed and remanded the cause for trial. State v. Silverstein, 76 N.J.Super. 536 (App. Div. 1962). We granted certification. 39 N.J. 134 (1963).

The judgment...

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