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State v. Burkitt

Decided: June 15, 1938.

STATE OF NEW JERSEY,
v.
JAMES BURKITT, DEFENDANT



On application of the defendant for a writ of certiorari.

For the state: James A. Hamill (Edward J. O'Mara, of counsel).

For the applicant, Samuel L. Rothbard.

Before Justices Case, Donges and Porter.

Porter

The opinion of the court was delivered by

PORTER, J. This is an application for a writ of certiorari to review an order of the Court of Common Pleas of Hudson county dated May 9th, 1938, in affirming a conviction of the defendant under section 7 of the Disorderly Persons act. Rev. Stat. 2:202-7. He was convicted in the First Criminal Court of Jersey City on April 23d, 1938, for indulging in

loud, offensive, and indecent language in a public place in said city on April 16th, 1938. The language he was charged with using need not be repeated here, suffice it to say that there can be no doubt whatever of the offensiveness and indecency of the words if used as alleged.

The form of the complaint is attacked on five grounds. It is contended:

(1) That the court had no jurisdiction because of the insufficiency of the complaint in that it does not expressly charge the defendant with being a disorderly person,

(2) That it is not specific as to where and when the offense was committed,

(3) That it fails to allege that anyone overheard the ...


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