State v. Kleinwaks

Contokd, P. J. A. D.,

Temporarily Assigned (dissenting). We are called upon here to decide for the first time the constitutionality under the New Jersey Double Jeopardy Clause, Const. (1947), Art. I, Par. 11, of R. 2:3-1 (b)(3), which allows the State to appeal from the grant by a trial judge of a judgment of acquittal notwithstanding the verdict pursuant to R. 3:18-2.1 In the earlier phases of the appeal defendant argued only violation of the Double Jeopardy Clause of the Eifth Amendment of the United States Constitution, but, by invitation of the Court, the argument and inquiry have been…