State v. Cooney
Supreme Court of New Jersey
Ail indictment against, the defendant having been removed to this court by certiorari, he moves to quash it. The indictment is as follows: ...
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Ail indictment against, the defendant having been removed to this court by certiorari, he moves to quash it. The indictment is as follows: ... “Atlantic County, ss. — 'The grand inquest of the State of New Jersejq in and for. the body of the county of Atlantic, upon their respective oaths, “Present, That oil the thirteenth day of September, in the year of onr Lord one thousand nine hundred and four, at Atlantic City, in said county and state, a primary election was held and conducted, under and in pursuance of an act of the legislature, entitled ‘A further supplement to an act entitled “An…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
The first and second reasons above stated were not discussed, because counsel for defendant assumed that such discussion was foreclosed in this court by the decision in Hopper v. Stack, 40 Vroom 562. We therefore refrain from considering them.
Respecting the third reason, we think the averment of the indictment, that the primary election to which it refers was held under the act of April 14th, 1903, legally imports that *79it was held under that act as amended by the act of April 5th, 1904, such being the form of the statute when the election was…
2Cases cited2 opinions
- Hopper v. StackSupreme Court of New Jersey · 1903
- Tinton Falls Turnpike Co. v. HanceSupreme Court of New Jersey · 1900
3Cited by2 opinions
- United States v. PriethDistrict Court, D. New Jersey · 1918
- State v. MasonPennsylvania Court of Common Pleas · 1924