STATE v. BUTTERFOSS


234 N.J. Super. 606 (1988)

561 A.2d 312

STATE OF NEW JERSEY v. DIETER M. BUTTERFOSS, DEFENDANT.

Superior Court of New Jersey, Law Division, Burlington County.

Decided September 29, 1988.


Attorney(s) appearing for the Case

William R. Barbour, Asst. Deputy Public Defender, (Anne T. Manning, Deputy Public Defender), for defendant.

James S. Ronca, Assistant Prosecutor (Stephen G. Raymond, Prosecutor).


HAINES, A.J.S.C.

This opinion disposes of the pending motion to dismiss the indictment in the above matter, concluding that the terroristic threat count cannot be dismissed but that all other counts of the indictment must be dismissed.

The Court recognizes the rule that the power of dismissal is not to be exercised except upon the clearest and plainest grounds and that an indictment sufficient on its face survives...

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