For the prosecutor, Walter V. Schwartz.
(No brief filed for respondents.)
Before Brogan, Chief Justice, and Justices Case and Perskie.
The opinion of the court was delivered by
PERSKIE, J. This writ of certiorari in this cause brings up for review the action (no judgment or order is made to appear in the record submitted to us) of the Court of Quarter Sessions of the county of Passaic in refusing the motion made in behalf of the prosecutor to set aside his conviction, as a disorderly person, in the Court of the First Criminal Judicial District of the county of Passaic.
No brief is filed for the respondents. From the meager record submitted we learn that one Helen Fotinis charged that prosecutor obtained meals and other accommodations at her premises, which she alleged was a boarding house, for a period of five months and for which there was due her $137; that the prosecutor without notice and with intent to defraud her left the premises, and therefore prosecutor violated section 59-8K (erroneously designated as section 8-0 in the complaint) of our Disorderly Persons act (Revision 1898) as amended, Pamph. L. 1921, ch. 153, p. 426; 1 Cum. Supp. Comp. Stat. 1911-1924, p. 946, which provides as follows:
"1. Any person who shall obtain food, lodging or other accommodation or service at any hotel, inn, boarding or eating house, or culinary establishment, or hospital, with intent to defraud the owner or keeper thereof, shall be deemed and adjudged to be a disorderly person."
The return to the writ discloses that the prosecutor waived a trial by jury; entered a plea of not guilty and submitted himself, without objection, to the jurisdiction of the First Criminal Judicial District Court.
The record discloses that complainant testified:
"That she occupied a flat consisting of five rooms, comprising a kitchen, a dining room, a parlor and two bed rooms, and also had two rooms in the attic; that she lived there with her husband and three minor children and an adult brother.
"That she had 'sometimes two, sometimes, three, sometimes four, sometimes five boarders;' that the said Paul Singelakis had boarded in her house for about five years, that on or about the 28th day of November, 1935, he had left her premises without notifying her, he being indebted to her to the amount of ...