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STATE v. DONLEY

85 N.J. Super. 127 (1964)

204 A.2d 149

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ARDAH L. DONLEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 14, 1964.

Attorney(s) appearing for the Case

Mr. Philip L. Lipman argued the cause for appellant.

Mr. N. Douglas Russell, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph Tuso, Prosecutor, attorney).

Before Judges GOLDMANN, SULLIVAN and LABRECQUE.

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

The Cumberland County grand jury returned a two-count indictment against defendant under N.J.S. 2A:113-9 which reads:

"Any person who causes the death of another by driving a vehicle carelessly and heedlessly, in willful or wanton disregard of the rights or safety of others, is guilty of a misdemeanor; but no record of a judgment or conviction hereunder shall be admissible in a civil action...

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