State v. Shahadi.
Citation | 61 A.2d 299,137 N.J.L. 626 |
Decision Date | 10 September 1948 |
Docket Number | No. 203.,203. |
Parties | STATE v. SHAHADI. |
Court | United States State Supreme Court (New Jersey) |
Albert N. Shahadi was indicted for misconduct in office, his motion to quash the indictment was denied and he brings certiorari.
Writ dismissed.
See also 61 A.2d 301.
May term, 1948, before BODINE, HEHER and WACHENFELD, JJ.
Lewis P. Scott, of Atlantic City (David R. Brone, of Atlantic City, of counsel), for plaintiff-respondent.
Maurice Y. Cole, of Atlantic City, for defendant-prosecutor.
The defendant was indicted by an Atlantic County grand jury for misconduct in office. He was the Recorder of Atlantic City and the indictment alleged that in certain cases heard by him involving persons charged with operating a motor vehicle under the influence of intoxicating liquor who were found not guilty, he failed to give a report on the facts in each case to the Commissioner of Motor Vehicles as provided for by R.S. 39:5-42, N.J.S.A. A motion to quash the indictment made before the Atlantic County Court of Quarter Sessions was denied and the case comes before us on a writ of certiorari to review that result.
The defendant contends (1) the indictment does not charge the commission of any crime; (2) R.S. 39:5-42, N.J.S.A., requiring the filing of the report, is unconstitutional in that it violates Article 3, Paragraph 1, of the New Jersey Constitution, N.J.S.A.; (3) the indictment is invalid on its face because it was returned by a grand jury which was not then in existence.
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...120 Ind.App. 121, 90 N.E.2d 509). Also, see the following cases in which the word 'shall' was held to be mandatory: State v. Shahadi, 137 N.J.L. 233, 61 A.2d 299, et seq.; Cornshock v. People, 56 Ill.App. 467; Jefferson County Farm Bureau v. Sherman, 208 Iowa 614, 266 N.W. 182; Gould v. Tre......
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State v. Shahadi.
...is invalid on its face because the normal term of the grand jury had expired, has been disposed of in the companion case of State v. Shahadi, N.J.Sup., 61 A.2d 299. The writ of certiorari will be dismissed, with ...
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