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STATE v. MILLER

47 N.J. 273 (1966)

220 A.2d 409

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LEROY MILLER, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 6, 1966.

Attorney(s) appearing for the Case

Mr. Barry H. Evenchick, Assistant Prosecutor of Essex County argued the cause for appellant (Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney; Mr. John G. Graham, Assistant Prosecutor of Essex County, on the brief).

Mr. Philip I. Levitan argued the cause for respondent

The opinion of the court was delivered by SCHETTINO, J.

Defendant was indicted by the Grand Jury of Essex County for the possession of heroin, N.J.S.A. 24:18-4. Prior to trial, he moved before the Essex County Court for the suppression of certain evidence relating to the indictment. After formal hearing, the court granted defendant's motion and the State sought and was granted leave to appeal by the Appellate Division, which at the same

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