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STATE v. CALLAGHAN

81 N.J. Super. 518 (1963)

196 A.2d 245

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN J. CALLAGHAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 1963.

Attorney(s) appearing for the Case

Mr. Mayer L. Winograd argued the cause for appellant.

Mr. C. William Caruso, Assistant Prosecutor of Essex County, argued the cause for respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

Defendant was found guilty in the municipal court of Newark of assault and battery, in violation of N.J.S. 2A:170-26. He was there given a 30 days' suspended jail sentence and fined $250. On his appeal to the Essex County Court there was a plenary trial de novo and he was again found guilty, the jail sentence was again suspended and the fine of $250 paid in the municipal court was ordered to...

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