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State v. Winne

Decided: September 15, 1953.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT,
v.
WALTER G. WINNE, DEFENDANT-RESPONDENT AND CROSS-APPELLANT



Bigelow, Smalley and Artaserse. The opinion of the court was delivered by Bigelow, J.A.D.

Bigelow

The State appeals from two orders made by Judge Francis in the Law Division of the Superior Court. By one, the court authorized the defendant to inspect and copy certain papers; by the other, the court granted in part the defendant's motion for a bill of particulars. The defendant cross-appeals from the denial of certain other particulars.

The indictment alleges that the defendant, from 1944 continuously to the day of the finding of the indictment, November 28, 1951, was Prosecutor of Bergen County, charged with the duty of using "all proper, reasonable and effective means and all lawful means within his power, and diligence for the detection, arrest, indictment and conviction of offenders against the laws"; that he "then and there well knew" the facts which are alleged in the indictment and which are summarized below, and that nevertheless he willfully neglected and omitted to perform his duty as prosecutor above stated, in respect to the several alleged violations of the law:

Counts 1 to 4:

During certain specified periods of time "and on divers other dates and times," "there were kept and maintained * * * certain gaming and betting houses wherein gambling was conducted by means of dice games, so-called," -- at 2075 Lemoine Avenue, Fort Lee; at 1010 Palisade Avenue, Fort Lee; at Costa's Barn, on Route 6, Lodi, and at 224-228 Union Street, Lodi.

The same first four counts also allege: At some unstated time "gaming by means of instruments, engines, apparatus and devices having figures and numbers thereon, were used and employed and conducted * * * and furniture and implements used for the playing of unlawful games were kept, stored and possessed" in the Boroughs of Fort Lee and Lodi.

Counts 5 to 16:

During certain specified periods "and on divers other dates and times," "there were kept and maintained * * * certain gaming and betting houses wherein gaming, betting, bookmaking upon the running of horses and lotteries were conducted, and the practice of bookmaking and betting upon the events of horse races were maintained and conducted," -- at 62 Grand Avenue, Little Ferry; at 145 Marshall Avenue, Little Ferry; at Star Motors, on Route 6, Little Ferry; at 454 Palisade Avenue, Cliffside Park; at 452 Palisade Avenue, Cliffside Park; at 255 Garibaldi Avenue, Lodi; at 7 Nicholson Street, Lodi; at 11 Terhune Avenue, Lodi; at 244 Harrison Avenue, Lodi; at 95 Westervelt Place, Lodi; at 159 Westminster Place, Lodi, and at 178 Westminster Place, Lodi.

Counts 17, 18 and 19:

On or about September 2, 1948, Mr. Winne "did receive a complaint that one Henry Wysock, who was then a member of the Borough of Rutherford Police Department in the said County of Bergen, was a corrupt public official." On October 8, 1948, he received like complaints against two other members of the Rutherford Police Department; he did omit to use all proper means "for the detection, arrest, indictment and conviction" of the three police officers. "But on the contrary, then and there unlawfully did suffer and permit" them "to continue in public office." The indictment does not allege that the policemen were, in fact, corrupt or that the complaints against them were true.

Such is the broad sweep of the indictment, every count of which our Supreme Court has upheld (State v. Winne , 12 N.J. 152) and the defendant must be prepared to meet.

The first order appealed from gave the defendant the right to inspect and make copies of "all papers, documents, correspondence, books and all other records which were part of the files" of the Bergen County ...


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