Grauzauskas v. State

This writ brings up for review the action of the Common Pleas Court of Atlantic county on an appeal taken pursuant to the Motor Vehicle act. Pamph. L. 1921, p. 643.

The return shows that the prosecutor was convicted and sentenced by a justice of the peace for driving an automobile while under the influence of intoxicating liquors. It also shows that he was thus convicted regardless of the fact that “no complaint had been made or signed” against the defendant, the prosecutor here. That conviction was therefore illegal. Watt v. Wallerius, 2 N. J. Adv. R. 508.

From that conviction the defendant…