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STATE v. BARNES

84 N.J. 362 (1980)

420 A.2d 303

STATE OF NEW JERSEY (CITY OF NEWARK), PLAINTIFF-APPELLANT, v. BUCK BARNES, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY (CITY OF NEWARK), PLAINTIFF-APPELLANT, v. RONALD UNDERWOOD, EMANUEL WRIGHT, JAMES WRIGHT AND EARL WRIGHT, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided September 22, 1980.

Attorney(s) appearing for the Case

Thomas W. Matthews, Assistant Corporation Counsel, argued the cause for appellant (Salvatore Perillo, Corporation Counsel, attorney; Thomas W. Matthews and Michael R. Paglione, legal intern, on the brief).

Jeffrey E. Fogel argued the cause for respondents Rutgers University-Newark, Urban Legal Clinic, attorneys).

Edwin H. Stern, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey John J. Degnan, Attorney General of New Jersey, attorney; Edwin H. Stern, of counsel and on the brief; William T. Koch, Jr., legal assistant, on the brief).

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

The question presented is whether the State may appeal from a county court1 determination at a criminal trial de novo, R. 3:23-8, that a municipal ordinance is unconstitutional.

The defendants, Buck Barnes, Ronald Underwood, Emanuel Wright, James Wright and Earl Wright, were charged with a total of 116 violations of a Newark municipal ordinance regulating peddlers on...

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