STATE v. KAY


151 N.J. Super. 255 (1977)

376 A.2d 978

STATE OF NEW JERSEY, PLAINTIFF, v. LYMAN BUD KAY, DEFENDANT.

Superior Court of New Jersey, Mercer County Court, Law Division (Criminal).

June 13, 1977.


Attorney(s) appearing for the Case

John S. Furlong, Assistant Prosecutor, for the State (Ms. Anne Thompson, Mercer County Prosecutor, attorney).

Mr. Donald P. Gaydos, for defendant (Messrs. Parker, McCay and Criscuolo, attorneys).


IMBRIANI, J.C.C.

This case raises the interesting question of whether operation of an automobile involved in a motor vehicle offense may be presumed or inferred from ownership.

This is an appeal from a conviction of leaving the scene of an accident. N.J.S.A. 39:4-129. A stenographic record having been made in the municipal court, the matter was heard de novo on the record. R. 3:23-8(a).

The factual setting is familiar. In the darkness...

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