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STATE v. ASHBY

81 N.J. Super. 350 (1963)

195 A.2d 635

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH ASHBY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 29, 1963.

Attorney(s) appearing for the Case

Mr. G. Henry Weston argued the cause for appellant (Messrs. Weston & Kravitz, attorneys; Mr. Ronald A. Berman, on the brief).

Mr. Martin J. Queenan, County Prosecutor, argued the cause for respondent.

Before Judges GOLDMANN, KILKENNY and COLLESTER.

The opinion of the court was delivered by COLLESTER, J.A.D.

This is an appeal by defendant, pursuant to leave granted by this court, from an interlocutory order of the Superior Court, Law Division, Burlington County, denying his motion to require the Prosecutor of Burlington County to nolle prosequi five indictments pending against him or, in the alternative, to dismiss said indictments. The relevant facts concerning this unusual situation are not in dispute...

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