Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Mershon

Decided: March 22, 1956.

STATE OF NEW JERSEY, PLAINTIFF,
v.
BARBARA F. MERSHON, DEFENDANT



Hinchliffe, J.c.c.

Hinchliffe

This is an appeal by the defendant from a judgment of conviction in the Municipal Court of the Borough of Wanaque on January 23, 1956, for careless driving as the result of a motor vehicle accident, in violation of N.J.S.A. 39:4-97. In accordance with the statute and rules, this is a trial de novo of the issue.

The complaint which initiated the action before the municipal court purports to have been signed by "Sgt. F.L.

Elston" on December 26, 1955, and "Sworn to and subscribed to" on the 28th day of December, 1955, "before" Stephen M. McGirr, clerk.

The police officer was examined by this court and counsel for the defendant. Following is an excerpt from such testimony:

"Q. Did you make that complaint before him [the clerk]?

A. No sir. We have a special drawer we put our complaints in, and he picks them up the next day. We have orders to turn our complaints in within twenty-four hours. We put them in a special drawer we have for complaints, and he picks them up right there.

Q. So you have no knowledge of when Mr. McGirr actually signed this complaint, the jurat on the Complaint?

A. I know he signed it December 28th.

Q. You didn't appear before Mr. McGirr and be sworn, did you?

A. No, sir."

From this testimony it is clear that the police officer never appeared before the clerk to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.