Grobarz v. Slayton

The opinion of the court was delivered by

Heher, J.

This certiorari was issued to review a judgment of conviction of prosecutor rendered by the Recorder of the Township of Millburn upon a complaint charging that on February 13th, 1943, he operated a motor vehicle on a public highway while under the influence of intoxicating liquor, in contravention of R. S. 39:4-50.

It is to be observed at the outset that the writ should not have been directed to the arresting police officer, for he was not the custodian of the record of the proceedings. Zeller v. Guttenberg, 81 N. J. L. 305.

The sole issue…