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State v. Smigelski

New Jersey Supreme Court


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

[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.

19481018


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