STATE v. DUSWALT


153 N.J. Super. 399 (1977)

379 A.2d 1278

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARY N. DUSWALT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1977.


Attorney(s) appearing for the Case

Mr. Ralph E. McKay argued the cause for appellant.

Mr. Barry T. Albin, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges CONFORD, MICHELS and PRESSLER.


The opinion of the court was delivered by CONFORD, P.J.A.D.

Defendant appeals her conviction for drunken driving on two grounds: (1) that there was an absence of territorial jurisdiction in the municipal courts involved in the prosecution, and (2) that her sentence of three months in the county jail, which was mandatory (for a second offense committed within ten years) under the applicable statute in effect when the...

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