State v. Daly

The opinion of the Court was delivered by

Sullivan, J.

Defendant was arrested on a charge of operating a motor vehicle while under the .influence of intox*124icating liquor, a violation of N. J. S. A. 39:4^-50(a). He was convicted of the charge in the municipal court, appealed to the county court, was tried de novo in that court and was again found guilty. He took an appeal to the Appellate Division which, in an opinion with one judge dissenting, 126 N. J. Super. 313, reversed his conviction on the ground that defendant was not shown to have been “operating” his motor vehicle within the meaning of…