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State v. Peterman

Decided: December 4, 1953.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
EDWARD L. PETERMAN, ET AL., DEFENDANTS-PETITIONERS



Indictments Nos. 39, 40, 42, 43, 44, 45, 46, 47, 50, 52 and 53.

Clapp, Goldmann and Ewart. The opinion of the court was delivered by Clapp, S.j.a.d.

Clapp

Application is made for leave to appeal from orders denying defendants' motions to dismiss indictments. R.R. 3:5-5 (b) (6) (a); 2:2-4; 2:12. There have been a number of such applications in recent years, and we think it well to observe that we will not grant leave to appeal from the denial of such a motion except in a flagrant case or one where the indictment upon its face appears to be clearly defective in substance. Except in the cases stated, an application, under the old practice, for a writ of certiorari to remove an indictment into the Supreme Court for the purpose of quashing it, was denied. State v. Hart , 88 N.J.L. 150 (Sup. Ct. 1915); State v. Bolitho , 103 N.J.L. 246, 253 (Sup. Ct. 1926), affirmed 104 N.J.L. 446 (E. & A. 1927); State v. Then , 114 N.J.L. 413 (Sup. Ct. 1935); State v. Davidson , 116 N.J.L. 325 (Sup. Ct. 1936); State v. Grundy , 136 N.J.L. 96 (Sup. Ct. 1947); State v. Boyle , 137 N.J.L. 555 (Sup. Ct. 1948); cf. State v. Winne , 12 N.J. 152, 181 (1953). From that rule, which was the fixed rule for over 70 years, State v. Bolitho, supra , is drawn the rule obtaining today. The concern of the law here is with delays in criminal prosecutions ...


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