State v. Maroon

• Decision Date: 10 November 1960
• Docket Number: No. 233,233
• Citation: 165 A.2d 329,64 N.J.Super. 76
• Parties: STATE of New Jersey, Plaintiff-Respondent, v. Phillip MAROON, Defendant-Appellant.
• Court: New Jersey County Court

Page 76

64 N.J.Super. 76

165 A.2d 329

STATE of New Jersey, Plaintiff-Respondent, v. Phillip MAROON, Defendant-Appellant.

No. 233.

Middlesex County Court,

Law Division, New Jersey.

Nov. 10, 1960.

As Amended Dec. 1, 1960.

Morris Spritzer, New Burnswick, for defendant-appellant (Spritzer & Spritzer, New Brunswick, attorneys).

John P. Kozak, Asst. Prosecutor, South River, for plaintiff-respondent (Edward J. Dolan, Middlesex County Prosecutor, Carteret, attorney).

CONVERY, J.C.C.

This is an appeal from the conviction of the defendant in the Municipal Court of the City of New Brunswick, for two violations of R.S. 33:1--77, N.J.S.A., which provides that 'anyone who sells any alcoholic beverage to a minor shall be guilty of a misdemeanor; * * *.'

The municipal magistrate obtains jurisdiction by virtue of N.J.S. 2A:8--21, N.J.S.A., which provides:

'Each municipal court, and the magistrate or magistrates thereof, shall have jurisdiction of the following offenses occurring within the territorial jurisdiction of the court: (a) violation of the motor vehicle and traffic laws; * * * (h) offenses of a lesser grade or degree than a misdemeanor or as to which no indictment by a grand jury is required.'

N.J.S. 2A:8--22, N.J.S.A., provides:

'Each municipal court, and the magistrate or magistrates thereof, shall also have jurisdiction of the following crimes or offenses occurring within the territorial jurisdiction of the court, where the person charged shall in writing waive indictment and trial by jury: a. All cases of assault, simple assault and battery, * * * i. Other criminal offenses where the penalty that may be imposed therefor does not exceed a fine of $1,000 or imprisonment for a term not exceeding 1 year; * * *.'

The defendant signed a waiver of indictment and trial by jury.

R.S. 33:1---50, N.J.S.A., provides that 'Any person who shall: (a) Manufacture, Sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse or transport and alcoholic beverage in violation of this chapter; * * *

Shall be guilty of a misdemeanor, and punished by a fine of not less than one hundred dollars and not more than one thousand dollars, or imprisonment for not less than thirty days and not more than three years, or both.' (Emphasis added.)

R.S. 33:1--51, N.J.S.A., provides that:

'Any person who shall knowingly violate any of the other provisions of this chapter shall be guilty of a misdemeanor and punished by a fine of not less than fifty dollars and not more than two hundred fifty dollars, or imprisonment for not less than ten days and not more than ninety days, or both.'

N.J.S. 2A:85--7,...