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STATE v. ROSENFELD

62 N.J. 594 (1973)

303 A.2d 889

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DAVID A. ROSENFELD, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 7, 1973.

Attorney(s) appearing for the Case

Mr. Wilbur H. Mathesius, First Assistant Prosecutor, argued the cause for the appellant (Mr. Bruce M. Schragger, Mercer County Prosecutor, attorney).

Mr. Richard J. Schachter argued the cause for the respondent (Messrs. Halpern, Schachter & Wohl, attorneys).

Mr. John J. DeCicco, Deputy Attorney General, argued the cause for Mr. George F. Kugler, Jr., Attorney General of New Jersey, amicus curiae.

The opinion of the Court was delivered by JACOBS, J.

The defendant was charged with violating N.J.S.A. 2A:170-29(1) by using foul language at a public meeting. There was a judgment of conviction and the defendant was fined $50, plus $10 costs, but on his ultimate appeal the United States Supreme Court, without opinion, vacated the judgment and remanded the case to the Appellate Division "for reconsideration" in the light of Cohen v. California,

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