State v. Witte

The opinion of the court was delivered by

Hbiibr, J.

Defendant was convicted by a jury of nonfeasance in his office as Chief of Police of the Borough of Lodi, in the County of Bergen, and he appeals from the consequent judgment.

The indictment is in nine counts, each charging the knowing and willful failure of official duty in relation to gaming on the premises and during the times therein designated, contrary to R. S. 2:103—1. More specifically, it is alleged that defendant failed in his “public duty of using and exercising all proper, reasonable and effective means and all lawful means within…