STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
FRANCISCO HERNANDEZ AND WALTER RUTKOWSKI, DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Submitted April 11, 1978.
Decided May 12, 1978.
Attorney(s) appearing for the Case
Mr. James T. O'Halloran, Hudson County Prosecutor, attorney for appellant (Mr. Maurice J. Maloney, Assistant Prosecutor, on the brief).
Mr. Stanley C. Van Ness, Public Defender, attorney for respondent Hernandez (Mr. William E. Norris, First Assistant Deputy Public Defender, of counsel and on the brief).
Mr. Isidore Hornstein, attorney for respondent Rutkowski.
Before Judges MATTHEWS, CRANE and ANTELL.
Superior Court of New Jersey, Appellate Division.
PER CURIAM.
As in State v. Clark,151 N.J.Super. 529 (App. Div. 1977), the sole issue here is whether the State must allege an overt act in furtherance of the object of a conspiracy to violate the drug laws in an indictment brought under N.J.S.A. 24:21-24(a). The trial judge held such pleading necessary and dismissed the conspiracy count against the named defendants for failure to allege overt acts. The State...
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