STATE v. PACKIN


107 N.J. Super. 93 (1969)

257 A.2d 120

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MILTON PACKIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 1969.


Attorney(s) appearing for the Case

Mr. Richard Silver argued the cause for appellant.

Mr. Archibald Kreiger, Assistant Prosecutor, argued the cause for respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney).

Before Judges KILKENNY, LABRECQUE and LEONARD.


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

Following a trial de novo defendant was convicted of driving 69 miles per hour in a 50-mile zone, in violation of N.J.S.A. 39:4-98(c). By this appeal he raises two points: (1) the State failed to establish a prima facie case, and (2) he was not "driving" the vehicle since it was being operated through a "cruise control," a device...

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