State v. Weleck

The opinion of the court was delivered by

Vanderbilt, C. J.

On June 26, 1951, the Bergen County grand jury returned two indictments against the defendant, one charging misconduct in office and the other attempted extortion. The defendant specially pleaded the statute of limitations and moved in the Bergen County Court to dismiss the indictments on the grounds that they were barred by the statute of limitations, R. 8. 2:183-2, and that they failed to charge a crime. The County Court, being of the opinion that the indictments were not voted within the two-year period prescribed by the statute,…