Legal Opinion
State v. Ashby
Supreme Court of New Jersey
Decided October 5, 1964PublishedCited by 35 opinions
1Opinion of the Court
The opinion of the court was delivered
Pee CueiAM.
Five indictments were returned against defendant Joseph A. Ashby charging him with open lewdness in violation of N. J. S. 2A :115 — 1. A short time later, under circumstances to be set forth hereafter, he moved before County Court Judge Thomas McGann to whom the case had been assigned for an order requiring the prosecutor to apply for a nolle prosequi of the indictments or in the alternative for an order dismissing them. (Under our present rule the motion for a nolle prosequi has been replaced by the motion to dismiss. See B. B. 3:11-3(a).) The…
2Cases cited3 opinions
- Earl v. WinneNew Jersey Superior Court Appellate Division · 1955
- State v. AshbyNew Jersey Superior Court Appellate Division · 1963
- State v. CoolackSupreme Court of New Jersey · 1964
3Cited by35 opinions
- People v. WestCalifornia Supreme Court · 1970
- State v. HansonSupreme Court of Georgia · 1982
- State v. TannerSupreme Court of Louisiana · 1983
- State v. SugarSupreme Court of New Jersey · 1987
- State v. DavisDistrict Court of Appeal of Florida · 1966
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