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STATE v. BUCKRHAM

173 N.J. Super. 87 (1980)

413 A.2d 617

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NANNIE BUCKRHAM, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Remanded — Resubmitted following remand March 17, 1980.

Decided April 8, 1980.

Attorney(s) appearing for the Case

Robert A Hoonhout, Assistant Prosecutor, argued the cause for appellant (John J. Degnan, Attorney General of New Jersey, attorney; Donald S. Coburn, Essex County Prosecutor, of counsel; William A. Fox, Assistant Prosecutor, on the brief).

E. Carl Broege, Assistant Deputy Public Defender, argued the cause for respondent.

Before Judges BISCHOFF, BOTTER and DWYER.

PER CURIAM.

In an opinion reported at 167 N.J.Super. 455 (Law Div. 1979), the trial judge ruled that the State had not carried its burden of proving justification for its action in obtaining a superseding indictment against defendant Nannie Buckrham. The superseding indictment charged defendant with two counts of welfare fraud instead of the single count contained in the original indictment.

Defendant argued that the...

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