State v. Hernandez

As in State v. Clark, 151 N. J. Super. 529 (App. Div. 1977), the sole issue here is whether the State must allege an overt act in furtherance of the object of a conspiracy to violate the drug laws in an indictment brought under N. J. S. A. 24:21-24(a). The trial judge held such pleading necessary and dismissed the conspiracy count against the named defendants for failure to allege overt acts. The State did not move to amend the indictment.

N. J. S. A. 24:21-24(a) provides:

Any person who attempts, endeavors or conspires to commit any offense defined in this act is punishable by imprisonment or…