State of New Jersey, Plaintiff-Appellant v. Walter G. Winne, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the trial court’s dismissal of a 19‑count indictment charging the Bergen County prosecutor with nonfeasance in suppressing gambling. The Court held that the statutory duty to use reasonable and lawful diligence imposes liability for willful neglect without requiring a corruption allegation. The decision notes that the indictment sufficiently informs the defendant of the charge. The opinion was contested by two dissenting justices who argued that a corrupt motive must be alleged and that the prosecutor does not bear a primary police duty.