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STATE v. JOHNSON

125 N.J. Super. 438 (1973)

311 A.2d 389

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HAROLD RICHARD JOHNSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 7, 1973.

Attorney(s) appearing for the Case

Ms. Mary Aurigemma, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Michael H. Stieber, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. Martin F. Siegal, Assistant Prosecutor, of counsel).

Before Judges LEONARD, ALLCORN and CRAHAY.

PER CURIAM.

Defendant was found guilty by a jury of possession of heroin contrary to N.J.S.A. 24:21-20 and appeals.

He first argues that his trial under the indictment constituted double jeopardy and that the court erred in not granting a pretrial motion to dismiss it. A prior indictment charging the same offense had been dismissed before trial as a matter of calendar control. This point lacks merit. State v. Farmer, 48 N.J. 145...

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