STATE v. OATES


122 N.J. Super. 473 (1973)

300 A.2d 865

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

Superior Court of New Jersey, Appellate Division.

Decided February 22, 1973.


Attorney(s) appearing for the Case

Mr. David G. Lucas, Deputy Attorney General in Charge Bergen County Prosecutor's Office, attorney for appellant (Mr. Vincent J. Sharkey, Jr., on the brief).

Mr. Timothy J. Dunn, II, attorney for respondent.

Before Judges KOLOVSKY, MATTHEWS and ARD.


PER CURIAM.

Defendant was found guilty at a jury trial on an indictment which charged that on or about July 25, 1970, in Dumont, Bergen County, he "did unlawfully and feloniously sell cigarettes without the stamps required by the laws of the State of New Jersey being affixed thereto contrary to the provisions of N.J.S.A. 54:40A-28."

The State's proofs were that a police officer and investigators employed by the State Division of Taxation, armed with...

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