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McLean v. Mackay

New Jersey Supreme Court


Decided: January 25, 1940.

KATHERINE MCLEAN, PROSECUTRIX-APPELLANT,
v.
HOWARD MACKAY, JUDGE OF THE COURT OF COMMON PLEAS OF BERGEN COUNTY, AND BOROUGH OF MAYWOOD, RESPONDENTS-APPELLEES

On appeal from the Supreme Court.

For the appellant, Abram Waks (Paul Rittenberg, of counsel).

For the appellees, George S. Sauerbrey (Milton T. Lasher, of counsel).

[124 NJL Page 91]

PER CURIAM.

The facts in the instant appeal and the procedure below are substantially similar to those in Town of Irvington v. Schneider, 120 N.J.L. 460; 121 Id. 542, the latter being the opinion of this court. In that case the conviction of defendant was affirmed in this court. Upon appeal to the United States Supreme Court, the judgment of conviction was reversed. Clara Schneider, Petitioner, v. State (Town of Irvington), (United States Supreme Court, No. 11, 1939 Term), 84 L. Ed. Advance Opinions 115. We consider the judgment of the United States Supreme Court in that case to be conclusive upon us in the instant appeal and that we must, therefore, reverse the judgment of our Supreme Court herein.

The judgment appealed from is reversed.

For affirmance -- None.

For reversal -- THE CHANCELLOR, TRENCHARD, CASE, DONGES, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 12.

19400125


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