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STATE v. YARUSSO

105 N.J. Super. 311 (1969)

252 A.2d 53

STATE OF NEW JERSEY, PLAINTIFF, v. JOHN YARUSSO, DEFENDANT.

Superior Court of New Jersey, Hudson County Court, Law Division — Criminal.

Decided April 2, 1969.

Attorney(s) appearing for the Case

Mr. Anthony De Fino, Assistant Prosecutor, argued the cause for the State (Mr. James A. Tumulty, Jr., Hudson County Prosecutor, attorney).

Mr. James J. Curry, Jr., Assistant Public Defender, argued the cause for defendant (Mr. Stanley Van Ness, Public Defender, attorney).

BERONIO, J.C.C.

This matter comes before the Court on defendant's motion to dismiss the indictment. Defendant was indicted for possessing a rifle contrary to the provisions of N.J.S. 2A:151-41. It is undisputed that at the time of defendant's arrest, the instrument did not have either firing pin or bolt. By interpolating the provisions of N.J.S. 2A:151-1 (a) and (c) which define, respectively, "firearm" and "rifle", defendant argues that...

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