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STATE v. DRAKE

79 N.J. Super. 458 (1963)

191 A.2d 802

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRED U. DRAKE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 1963.

Attorney(s) appearing for the Case

Mr. Mario H. Volpe argued the cause for appellant.

Mr. Edward J. Phelan, Assistant Prosecutor, argued the cause for respondent (Mr. Stanley E. Rutkowski, Mercer County Prosecutor, attorney; Mr. Thomas F. Rhodes, Jr., Legal Assistant, State of New Jersey, Division of Employment Security).

Before Judges GOLDMANN, FREUND and FOLEY.

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

Defendant was granted leave to appeal from a County Court order denying his motion to dismiss four indictments returned against him by the Mercer County grand jury. R.R. 3:5-5(b) (6).

The indictments charge defendant with the violation of N.J.S. 2A:111-1, which reads as follows:

"Obtaining money, property, etc., by false pretense...

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