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State v. Shack

Supreme Court of New Jersey
277 A.2d 369 (N.J. 1971)

State v. Shack

Facts

Tejeras and Shack (defendants) entered the private property of Tedesco (plaintiff) for the purpose of giving aid to migrant farm workers that were employed and housed by Tedesco on his property. Part of such aid was supposed to be giving legal advice to one of the migrant farm workers courtesy of a nonprofit corporation funded by the government pursuant to an act of Congress. Although offering to let Tejeras and Shack consult the migrant farm worker, Tedesco refused to allow a private legal consultation and when Tejeras and Shack insisted on privacy, Tedesco filed a written complaint with the police alleging a violation of a New Jersey trespassing statute. The Municipal Court of Deerfield Township convicted Tejeras and Shack of violating the statute. Tejeras and Shack appealed.

Rule of Law

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Issue

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Holding and Reasoning (Weintraub, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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