STATE v. CAMPBELL


97 N.J. Super. 435 (1967)

235 A.2d 235

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HERBERT LEE CAMPBELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1967.


Attorney(s) appearing for the Case

Mr. Harvey Weissbard argued the cause for appellant (Messrs. Querques & Isles, attorneys).

Mr. Lawrence S. Schwartz, Assistant County Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney; Mr. Barry H. Evenchick, Assistant County Prosecutor, of counsel and on the brief).

Before Judges KILKENNY, CARTON and FRITZ.


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

The County Court, sitting without a jury, convicted defendant of possession of lottery slips in violation of N.J.S. 2A:121-3. Defendant seeks a reversal on the single ground that the search of his person was unreasonable and the evidence obtained thereby (lottery slips) should have been suppressed.

On the motion before trial an officer of the Newark police force testified that on October 21, 1966...

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