State v. Savoie

The opinion of the court was delivered by

Conford, P. J. A. D.,

Temporarily Assigned. This appeal presents important issues relative to criminal intent and to the meaning of the statute dealing with extortion by a public officer, N. J. S. A. 2A:105-1. Under what circumstances does the acceptance by a municipal building inspector of a cash “Christmas gift” from a builder constitute a violation of the statute?

Defendant was indicted on two counts: (1) misconduct in office (N. J. S. A. 2A:85-1); and (2) an unlawful taking of money, contrary to the statute cited above. At the trial, before a jury,…