State v. Pius, 15.

Citation120 N.J.L. 189,198 A. 837
Decision Date29 April 1938
Docket NumberNo. 15.,15.
PartiesSTATE of New Jersey, Defendant In Error, v. Frank PIUS, alias Ignatius Lanzetta, Michael Falcone, and Louie Del Rossi, Plaintiffs in Error.
CourtUnited States State Supreme Court (New Jersey)

On error to the Supreme Court, whose opinion is reported in 118 N.J.L. 212, 192 A. 89.

James Mercer Davis, of Camden, Samuel Kagle, of Philadelphia, Pa., and Carl Kisselman, of Camden, for plaintiffs in error. French B. Loveland, prosecutor of the pleas of Ocean City, and Herbert F. Campbell, Asst. Prosecutor of the Pleas, of Cape May, C. H., for the State.

PER CURIAM.

We are in full accord with the reasoning and result reached by the Supreme Court. We desire merely to mark the fact that the case of State v. Bell, 188 A. 737, 15 N.J.Misc. 109, relied upon by the court below as dispositive of the contentions that our Gangster Act, 1 Rev.Stat.1937, 2:136—4, chapter 155, P.L.1934, p. 394, N.J.St.Annual 1934, § 52—43r(15), trenches upon both federal and state constitutional inhibitions has recently been affirmed by this court sub nomine State v. Gaynor, 119 N.J.L. 582, 197 A. 360.

Accordingly, the judgment under review is affirmed, with costs.

For affirmance: The CHANCELLOR, Justices CASE, BODINE, DONGES, HEHER, PERSKIE, and PORTER, and Judges HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, and WALKER—13.

For reversal: None.

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3 cases
  • State v. W. U. Tel. Co.
    • United States
    • New Jersey County Court
    • 2 de abril de 1951
    ...them liable to its penalties. Cf. Lanzetta v. State, 306 U.S. 451, 59 S.Ct. 618, 83 L.Ed. 888 (1939), reversing State v. Pius, 120 N.J.L. 189, 198 A. 837 (E. & A.1938), affirming 118 N.J.L. 212, 192 A. 89 (Sup.Ct.1937). It is a fundamental rule of law that such a statute must be so written ......
  • Lanzetta v. State New Jersey
    • United States
    • United States Supreme Court
    • 27 de março de 1939
    ......On the authority of its recent decision in State v. Bell, 188 A. 737, 15 N.J.Misc. 109, the Supreme Court entered judgment affirming the conviction. State v. Pius, 118 N.J.L. 212, 192 A. 89. The Court of Errors and Appeals affirmed, 120 N.J.L. 189, 198 A. 837, on the authority of its deci- . Page 453 . sion, State v. Gaynor, 119 N.J.L. 582, 197 A. 360, affirming State v. Bell. .           If on its face the challenged provision is repugnant to the ......
  • United States v. Hautau, 396c.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • 20 de fevereiro de 1942
    ...... of the indictment reads as follows: "That on or about the 12th day of July in the year 1940, at the City of Newark, in the County of Essex and State and District of New Jersey and within the jurisdiction of this Court, one William Hautau, being then and there a person employed under the Work ...155, § 4, N.J.S.A. 2:136-4. After a conviction under this statute, and affirmances by the Supreme Court, State v. Pius, 118 N.J.L. 212, 192 A. 89, and the Court of Errors and Appeals of the State, 120 N.J.L. 189, 198 A. 837, the case reached the United States Supreme ......

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