State of New Jersey, Plaintiff-Appellant v. Charles Weleck, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the Bergen County Court's dismissal of two indictments for misconduct in office and attempted extortion, holding that the dismissals were an abuse of discretion, that the statute of limitations did not bar prosecution for the July 7 and July 14 demands, and that duplicity in the extortion indictment could be cured by amendment; the court also affirmed its jurisdiction to certify directly to the County Court. The dissent argued that the statute of limitations barred the prosecution, while the concurring opinion agreed with reversal but emphasized that the misconduct charge could not continue after the ordinance was enacted.