State v. James

The opinion of the court was delivered by

GAULKIN, J.A.D.

Defendant appeals by leave granted (R. 2:2-4) from an order denying his motion to dismiss the indictment. He urges that the prosecution is barred because he has already been tried and acquitted of the same or similar charges.

*364In October 1981, defendant commenced selling advertising to local merchants in Cumberland, Salem, Camden and Atlantic Counties. His plan was to sell advertising space on sheets which included coupons from an “anchor advertiser,” who would distribute most of the approximately 20 to 25 thousand handbills to be printed.…