![]() Martens further testified that Trooper Cavaliere who had arrived on the scene minutes after defendant's car was stopped, overheard defendant utter the objectionable language. Defendant allegedly excited from his car and while still on the road, in a loud voice, stated, "what the f_ are you bothering me for." Martens advised defendant *349 that he was under arrest for using loud and profane language. Upon discovering that his driver's license was unsigned, Martens informed defendant that he was going to issue a warning. The facts as elicited at the trial are as follows: State Trooper Martens testified that on July 13, 1968, at approximately 7:00 P.M., he stopped defendant's vehicle on Bentley Road, Monroe Township, for a routine motor vehicle check. Defendant appealed to this Court upon the ground of the existence of a substantial constitutional question. Defendant appealed to the Appellate Division which affirmed in an unreported per curiam opinion. Any person who utters loud and offensive or profane or indecent language in any public street or other public place, public conveyance, or place to which the public is invited * * *.ĭefendant appealed to the Middlesex County Court which after a trial de novo on the Municipal Court record, again found him guilty. 2A:170-29(1), a section of the Disorderly Persons Act.ĭefendant was convicted in the Municipal Court of the Township of Monroe of violating the above statute which reads:ġ. This case involves the constitutionality of N.J.S.A. The opinion of the court was delivered by HANEMAN, J. Dolan, Middlesex County Prosecutor, attorney). Danberry, Assistant County Prosecutor, argued the cause for the respondent (Mr. Palma argued the cause for appellant (Messrs. ![]() SALVATORE PROFACI, JR., DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |