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STATE v. ASHBY

43 N.J. 273 (1964)

204 A.2d 1

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

The Supreme Court of New Jersey.

Decided October 5, 1964.

Attorney(s) appearing for the Case

Mr. Ronald Berman argued the cause for defendant-appellant (Messrs. Weston & Kravitz, attorneys).

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

The opinion of the court was delivered

PER CURIAM.

Five indictments were returned against defendant Joseph A. Ashby charging him with open lewdness in violation of N.J.S. 2A:115-1. A short time later, under circumstances to be set forth hereafter, he moved before County Court Judge Thomas McGann to whom the case had been assigned for an order requiring the prosecutor to apply for a nolle prosequi of the indictments or in the alternative for an...

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