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State v. Smigelski

Decided: October 18, 1948.

STATE OF NEW JERSEY, DEFENDANT-RESPONDENT,
v.
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.

Per Curiam

[1 NJ Page 31] The appellant seeks to quash the indictment or in the alternative to transfer it to the Juvenile and Domestic

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 ...


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