State v. Stevens.
| Decision Date | 03 December 1945 |
| Docket Number | Nos. 238, 251.,s. 238, 251. |
| Parties | STATE v. STEVENS. |
| Court | New Jersey Supreme Court |
Charles M. Stevens was convicted of operating a motor vehicle on a public highway of a municipality while under the influence of intoxicating liquor and he brings certiorari.
Writ to be dismissed on suggestion of prosecutor's death on the record.
May term, 1945, before DONGES, HEHER, and COLIE, JJ.
Thomas Brunetto, of Hackensack, for prosecutor.
Edward Gaulkin, of Newark, for the State.
Certiorari was allowed to review the conviction of prosecutor Stevens, in the Mayor's Court of the Borough of Caldwell, upon a complaint charging that on July 19, 1944, he operated a motor vehicle upon a public highway of the municipality while under the influence of intoxicating liquor, in violation of R.S. 39:4-50, N.J.S.A.
The cause is entitled in the printed case ‘Charles M. Stevens, Prosecutor, v. Mayor's Court of the Borough of Caldwell, Respondent.’ Respondent's counsel suggests that the proper title is ‘________ v. Joseph P. Dosch, Mayor, etc.’ Neither is correct. Rule 15 of this court, N.J.S.A. tit. 2, requires that the case be captioned as it was before the magistrate. Vide Curtis v. Joyce, 90 N.J.L. 47, 99 A. 932, affirmed 91 N.J.L. 685, 102 A. 1053.
Stevens was arrested shortly after the occurrence, and was arraigned on the following day, when he entered a plea of guilty to the complaint. Sentence was imposed immediately. He was fined $350, and costs of $2 were also assessed against him; and it was provided in the judgment that in case of default in ‘the payment thereof,’ he ‘be committed to the county penitentiary * * * for a period of 90 days.’ The next day, July 21st (he remained in custody meanwhile), he was incarcerated in the penitentiary in default of payment of the fine and costs, where he was confined until September 21st, when he was released under bail pending the determination of the instant proceeding.
The cause was submitted on briefs at the last May Term; and not long thereafter both Stevens and his counsel died. Generally, the points made are: (1) the magistrate had no jurisdiction of the subject matter because a recorder's court was in existence in the municipality; (2) the statute purporting to invest the mayor of the municipality with jurisdiction in such cases is unconstitutional; (3) the statutory prerequisites were not met in certain particulars; and (4) the plea of guilty was induced by deception and fraud, and the defendant was not afforded an opportunity to consult counsel. There has been no application to substitute a representative of the deceased as a party to this proceeding, in his place and stead.
The death of prosecutor abated the instant proceeding on certiorari. The questions raised are now moot, and so do not...
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