State v. Guida

The opinion of the court was delivered by

Heher, J.

We concur in the conclusions of the Supreme Court, as expressed in the opinion delivered by Mr. Justice Perskie.

Although not raised in the Quarter Sessions, we conceive that the constitutional questions raised here and in the Supreme Court should be determined. They are fundamental. If the statute contravenes the Constitution of New Jersey, the judgment under review is a nullity. If that is so, the indictment does not charge a crime. Public policy is ill-served by convictions as for crime under a void statutory provision.

The first insistence…