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State v. Kinsley

New Jersey Superior Court, Appellate Division


Decided: April 30, 1969.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WALTER D. KINSLEY, DEFENDANT-APPELLANT

On appeal from the Gloucester County Court, whose opinion is reported in 103 N.J. Super. 190.

Sullivan, Foley and Lewis. Sullivan, S.j.a.d. (concurring).

Per Curiam

[105 NJSuper Page 347]

The Gloucester County Court adjudged defendant guilty of violating N.J.S.A. 23:5-28. That section proscribes the pollution of water by permitting deleterious or poisonous substances to be turned into or allowed to run into any of the waters of this State in quantities sufficient to destroy life or disturb the habits of fish or birds inhabiting the same. The statutory fine of $500 for the first offense was imposed. Defendant appeals.

We affirm substantially for the reasons set forth in the opinion of Judge Kramer for the County Court, whose opinion is reported in 103 N.J. Super. 190 (Cty. Ct. 1968).

SULLIVAN, S.J.A.D. (concurring) Defendant has not raised the defense of double jeopardy (he was found not guilty of the charge in the municipal court). See Dept. of Conservation & Economic Development v. Scipio, 88 N.J. Super. 315 (App. Div. 1965), certification denied 45 N.J. 598 (1965). On this basis I vote to affirm.

19690430


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