State v. Librizzi, 204.

Decision Date11 December 1936
Docket NumberNo. 204.,204.
Citation188 A. 511
PartiesSTATE v. LIBRIZZI.
CourtNew Jersey Supreme Court

Certiorari by Dewey Librizzi against the State to review proceedings in the Union County Court of Special Session affirming a conviction for giving a fictitious name upon application for registration of a motor vehicle.

Writ dismissed.

Argued October term, 1936, before BROGAN, C. J, and CASE and PERSKIE, JJ.

Abraham I. Harkavy, of Newark (Barney Koplin, of Newark, on the brief), for prosecutor.

David T. Wilentz, Atty. Gen, and Harry A. Walsh, Asst. Atty. Gen., for the State PERSKIE, Justice.

The writ of certiorari in this cause brings up for review the proceedings in the Union county court of special session (no judgment of conviction in that court is contained in the state of case) affirming the prosecutor's conviction, in the recorder's court of Hillside, N. J., for having given a fictitious name in his application of February 23, 1934, for the owner's registration of a motor vehicle contrary to subdivision 14 of section 14, chapter 208, P.L. 1921, pp. 643, 667, as amended by chapter 152, P.L.1926, pp. 254, 257 (Comp.St.Supp. 1930, § 135—63(14), which provides as follows:

"(14) Any person or persons making any misstatement of facts in his or her application for registration of a motor vehicle or driver's license, or give a fictitious address shall be subject to a fine * * * and the Commissioner of Motor Vehicles shall, upon proper evidence of such misstatement, or fictitious address, revoke the registration of the motor vehicle, or the driver's license, as the case may be. It shall be the duty of the registered owner of every motor vehicle and of every licensed operator to notify the Commissioner of Motor Vehicles of any change in his or her place of residence, within one week after such change is made." It is undisputed that the prosecutor's real name is Dewey Librizzi; that on February 23, 1934, while his name was on the revoked list, he made application for an owner's registration of a motor vehicle, and one month later, March 23, 1934, he made application for an initial driver's license under the name of "Dewey LaRose"; that in said application he gave his address as 159 Fleming avenue, Newark, N. J, and not his home address; that he said nothing in the latter applications to indicate that "Dewey LaRose" and Dewey Librizzi was one and the same person; and that, in answer to the question on the driver's application, "Did you ever have your license revoked or suspended? he answered, "No,"

Prosecutor's explanation, in substance, is that he was convicted of crime, the number of convictions he did not remember, but admitted that it was more than one; that his last conviction was in ...

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9 cases
  • Lawrence, Application of
    • United States
    • New Jersey Superior Court — Appellate Division
    • April 2, 1975
    ...been construed consistently in the light of and not in derogation of the common law, which it does not supersede. State v. Librizzi, 14 N.J.Misc. 904, 188 A. 511 (Sup.Ct.1936); In re Joseph M., 91 N.J.Super. 296, 219 A.2d 906 (Cty.Ct.1966); In re Witsenhausen, 42 N.J.L.J. 183 Other states h......
  • Egner v. Egner
    • United States
    • New Jersey Superior Court — Appellate Division
    • April 2, 1975
    ...in other states have been construed consistently in the light of the common law and not in derogation of it. State v. Librizzi, 14 N.J.Misc. 904, 188 A. 511 (Sup.Ct.1936); In re Joseph M., 91 N.J.Super. 296, 219 A.2d 906 (Cty.Ct.1966); In re Witsenhausen, 42 N.J.L.J. 183 (C.P.1919); Marshal......
  • Lawrence, Application of
    • United States
    • New Jersey County Court
    • May 2, 1974
    ...by which he chooses to be known. In re M, Supra; Sobel v. Sobel, 46 N.J.Super. 284, 134 A.2d 598 (Ch.Div.1957); State v. Librizzi, 14 N.J.Misc. 904, 188 A. 511 (Sup.Ct.1936); Bruguier v. Bruguier, 12 N.J.Super. 350, 79 A.2d 497 (Ch.Div.1951). This common law procedure may be utilized withou......
  • Pirlamarla, Application of
    • United States
    • New Jersey Superior Court
    • July 19, 1985
    ...course of daily living. See McGarvey v. Atlantic City & Shore R.R. Co., 123 N.J.L. 281, 8 A.2d 385 (E. & A.1939); State v. Librizzi, 14 N.J.Misc. 904, 188 A. 511 (Sup.Ct.1936); In re Witsenhausen, 42 N.J.L.J. 183 (C.P.1919). Of course, this method would not obtain if the individual had a fr......
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