State v. Manney

The opinion of the court was delivered by

Wachenfeld, J.

Pursuant to R. R. 3:5 — 5 (&) (7), the State appeals from a judgment of the Law Division, Passaic County, dismissing three indictments, handed down by the September 1955 term grand jury of Passaic County against Bernard J. Manney, on the ground that an unauthorized person was present in the grand jury room during its deliberative sessions.

The State also appeals from a denial of the State’s motion to expunge the affidavits of two grand jurors and to hold them in contempt for violating the oath of secrecy which they took as grand jurors. We…