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State v. Boyle

Decided: September 1, 1948.

STATE OF NEW JERSEY, PLAINTIFF,
v.
JOHN BOYLE, JOSEPH L. MURRAY, VINCENT J. NASTASI, JR., AND JOHN J. NASTASI, DEFENDANTS



On application for writ of certiorari.

For the State of New Jersey, Edward Cohn, Prosecutor of the Pleas, and H. Russell Morss, Jr., First Assistant Prosecutor.

For the defendant John Boyle, John F. Ryan.

For the defendants Joseph L. Murray, Vincent J. Nastasi, Jr., and John J. Nastasi, Harold Simandl.

Before Justices Donges, Colie and Eastwood.

Eastwood

The opinion of the court was delivered by

EASTWOOD, J. The above-named defendants, John Boyle, Joseph L. Murray, Vincent J. Nastasi, Jr., and John J. Nastasi, have applied to the court en banc for a writ of certiorari to remove into the Supreme Court an indictment returned against them by the grand jury of Union County at the January term, 1947, charging them with conspiracy. The indictment charges the defendants in the following language:

"Present that John Boyle, Joseph L. Murray, Vincent J. Nastasi, Junior, and John J. Nastasi, late of the City of Elizabeth, in the County of Union between the fifteenth day of September, in the year of our Lord, one thousand nine hundred and forty-six, and the thirtieth day of November, in the year of our Lord, one thousand nine hundred and forty-six at the City of Elizabeth in the County of Union and within the jurisdiction of this Court unlawfully and corruptly did conspire, combine, confederate and agree together to maintain for gambling purposes the premises at six hundred and five

Elizabeth Avenue, in the City of Elizabeth, County of Union and State of New Jersey, contrary to the form of the statute in such case made and provided, and against the peace of this State, the government and dignity of the same."

The indictment then sets forth an overt act in furtherance of the alleged conspiracy on October 4th, 1946, at No. 605 Elizabeth Avenue, Elizabeth, New Jersey. The application for the writ sets forth three reasons why the indictment should be quashed, and are succinctly stated in the brief submitted on behalf of defendants as follows:

"(a) The indictment does not inform the defendants of the nature and cause of the accusation, in violation of the Constitution of the State of New Jersey;

"(b) The indictment fails to charge the defendants with any violation of the laws of the State of New Jersey or with the commission of any crime ...


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