Opinion

State v. Wittenberg

  • 26 N.J. 576
  • 141 A.2d 57
  • 1958 N.J. LEXIS 274
Court
Supreme Court of New Jersey
Filed
Apr 28, 1958
Status
Published
On the bench
Per Curiam
Cited by
5 cases
Authority
More cited than 70.8%

The opinion

Pee Cueiam.

The judgment of conviction is affirmed for the reasons stated in the

per curiam

opinion of the Appellate Division reported in 50

N. J. Super.

74 (1957).

At the oral argument before us, appellants suggested that at the

de novo

appeal in the County Court, they were improperly precluded from offering certain factual proof bearing upon the issue of the constitutionality of the ordinance, because the court took the erroneous view that the determination in the declaratory judgment action had settled the problem of conflict with the organic law. Examination of the record satisfies us that there was no adequate offer of any such proof. Eor this reason, as well as those set forth in the opinion below, we agree that no basis is presented for reversal.

For

affirmance—Chief Justice Weinteaub, and Justices Hehee, Wacheneeld, Bueling, Jacobs, Eeancis and Peoctoe—7.

For

reversal—None.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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