Decided: October 18, 1948.
STATE OF NEW JERSEY, DEFENDANT-RESPONDENT,
FREDERICK WALTER SMIGELSKI, PROSECUTOR-APPELLANT
On appeal from the former Supreme Court, whose opinion is reported in 137 N.J. Law 149.
For dismissal: Chief Justice Vanderbilt and Justices Case, Heher, Oliphant, Wachenfeld, Burling, and Ackerson. Opposed: None.
[1 NJ Page 31] The appellant seeks to quash the indictment or in the alternative to transfer it to the Juvenile and Domestic
[1 NJ Page 32]
Relations Court of Hudson County. The appeal must be dismissed because the record shows no final judgment in the Supreme Court but merely a dismissal of the writ in question. State v. Ireland, 127 N.J. Law 558 (E. & A. 1942).
However, we examined the case upon its merits and have concluded that it is controlled by In re Mei, 122 N.J. Eq. 125 (E. & A. 1937).
The appeal is dismissed.