State v. Wittenberg

Pee Cueiam.

The judgment of conviction is affirmed for the reasons stated in the per curiam opinion of the Appellate Division reported in 50 N. J. Super. 74 (1957).

At the oral argument before us, appellants suggested that at the de novo appeal in the County Court, they were improperly precluded from offering certain factual proof bearing upon the issue of the constitutionality of the ordinance, because the court took the erroneous view that the determination in the declaratory judgment action had settled the problem of conflict with the organic law. Examination of the record satisfies us that…