McCooey v. Megill

The opinion of the court was delivered by

Eastwood, J.

The prosecutor in certiorari seeks to have declared void and of no legal effect a complaint charging him with the violation of R. S. 2 :208-8, commonly known as the Disorderly Persons Act, made against him hv one Russell Hurden, chief of police of the Borough of Spring Lake, New Jersey, before the defendant, G. Marvin Megill, Recorder of the Borough of Spring Lake, New Jersey, on July 30th, 1946.

The complaint under attack is based upon the language of R. 8. 2:202-8 which provides as follows:

“Any person who, being under the influence of…