State v. Silverstein

The opinion of the court was delivered

Pee Cueiam.

Defendant, an undersheriff of Mercer County, was indicted for misconduct in office. On motion, the trial court dismissed the indictment. The Appellate Division reversed and remanded the cause for trial. State v. Silverstein, 76 N. J. Super. 536 (App. Div. 1962). We granted certification. 39 N. J. 134 (1963).

The judgment of the Appellate Division is affirmed. It is necessary, however, to note some qualifications on the views expressed there.

Reference is made in the Appellate Division opinion to the oath taken by an undersheriff under N. J. 8. A.…