State v. Morton

The opinion of the court was delivered

Defendant was convicted of operating a motorcycle under the influence of intoxicating liquor, contrary to N. J. S. A. 39 :4 — 50. The County Court affirmed the conviction, but the Appellate Division reversed and ordered a new trial. 74 N. J. Super. 528 (1962). We granted the State’s petition for certification. 38 W. J. 317 (1962).

The judgment of the Appellate Division is affirmed, and for the reasons expressed in its opinion, except in one particular which requires qualification. This relates to the problem of admissibility of the testimony of two police…