State v. Monteleone , 36 N.J. 93 ( 1961 )

Francis, J.

(concurring). The majority of the court have rejected defendants’ suggestion that the view of the constitutionality of L. 1959, c. 119, N. J. 8. 2A:171-5.8 et seq., N. J. S. A., taken in Two Guys from Harrison v. Furman, 32 N. J. 199 (1960), he overruled and the dissenting opinion adopted as controlling in this similar case. Subsequent to the determination of Two Guys, the United States Supreme Court decided McGowan v. Maryland, 366 U. S. 420, 81 S. Ct. 1101, 6 L. Ed. 2d 393 (1961), and Two Guys from Harrison-Allentown, Inc. v. McGinley, 366 U. S. 582, 81 S. Ct. 1135, 6 L. Ed. 2d 551 (1961). There, the court concluded that the Sunday closing laws involved did not violate the equal protection guaranty of the Federal Constitution. I consider those decisions dispositive of the position taken by me in the earlier dissent referred to, and accordingly bow to them. For that reason, I join the majority opinion in this case.