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State v. Pius

New Jersey Supreme Court


Decided: April 29, 1938.

STATE OF NEW JERSEY, DEFENDANT IN ERROR,
v.
FRANK PIUS, ALIAS IGNATIUS LANZETTA, MICHAEL FALCONE AND LOUIE DEL ROSSI, PLAINTIFFS IN ERROR

On error to the Supreme Court, whose opinion is reported in 118 N.J.L. 212.

For the plaintiffs in error, James Mercer Davis, Samuel Kagle and Carl Kisselman.

For the defendant in error, French B. Loveland, prosecutor of the Pleas, and Herbert F. Campbell, assistant prosecutor of the Pleas.

[120 NJL Page 189]

PER CURIAM.

We are in full accord with the reasoning and result reached by the Supreme Court. We desire merely to mark the fact that the case of State v. Bell, 15 N.J. Mis. R. 109; 188 A. 737, relied upon by the court below as dispositive of the contentions that our Gangster act (1 Rev. Stat. 1937, 2:136-4; chapter 155, Pamph. L. 1934, p. 794) trenches upon both federal and state constitutional inhibitions, has recently been affirmed by this court sub nom. State v. Gaynor, 119 N.J.L. 582; 197 A. 360.

Accordingly, the judgment under review is affirmed, with costs.

For affirmance -- THE CHANCELLOR, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 13.

For reversal -- None.

19380429


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