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STATE v. BLACKMAN

125 N.J. Super. 125 (1973)

309 A.2d 8

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BETSY BLACKMAN AND WILLIAM BIRNBAUM, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 22, 1973.

Attorney(s) appearing for the Case

Mr. Craig D. Katz, Assistant Prosecutor, argued the cause for appellant (Mr. Sherwin D. Lester, Bergen County Prosecutor, attorney).

Mr. William C. Meehan argued the cause for respondent, Blackman.

Mrs. Jane G. Kleinfeld, Assistant Deputy Public Defender, argued the cause for respondent, Birnbaum (Mr. Stanley C. Van Ness, Public Defender, attorney).

Before Judges CONFORD, LEONARD and CRAHAY.

CRAHAY, J.A.D.

An indictment charging defendants with the maintenance of a common nuisance resorted to by persons for unlawful activities involving narcotic drugs contrary to N.J.S.A. 24:21-23 and N.J.S.A. 24:21-35, subd. a was dismissed on the grounds that it failed to state a crime punishable by law. The State appeals.

The operative portions of the challenged indictment are that the defendants —

"... on or about the 30th day...

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