Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Albert Maier, Defendant-Appellant

June 25, 195313 N.J. 235

Summary

The Supreme Court of New Jersey affirmed the municipal court’s denial of the defendant’s motion to dismiss, holding that N.J.S. 2A:170‑26, which classifies simple assault and battery as disorderly conduct, does not violate the state constitution’s grand‑jury and jury‑trial guarantees. The Court relied on historical summary jurisdiction and prior decisions upholding such procedures, and remanded the case for further proceedings. Justice Heher’s dissent argued the statute is unconstitutional and would have reversed the judgment.