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STATE v. FROST

95 N.J. Super. 1 (1967)

229 A.2d 673

STATE OF NEW JERSEY, RESPONDENT, v. JOHN F. FROST, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 1967.

Attorney(s) appearing for the Case

Mr. Aldan O. Markson argued the cause for appellant (Messrs. Pollack & Markson, attorneys).

Mr. Edmund J. Tucker, Assistant Prosecutor, argued the cause for respondent (Mr. Leo Kaplowitz, Union County Prosecutor, attorney).

Before Judges CONFORD, FOLEY and LEONARD.

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

Defendant appeals by leave of court from an order of the Superior Court, Law Division, denying his motion to dismiss an indictment. The indictment recites that defendant, while in the custody of a municipal police officer by reason of a lawful arrest upon a charge of being a disorderly person, in violation of N.J.S. 2A:170-1, broke away by force and escaped...

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