State v. Ebron

In State v. Ebron, 61 N.J. 207, 294 A.2d 1 (1972), the Court rejected a double jeopardy claim, holding "that a defendant in a criminal proceeding who relies upon the defense of double jeopardy . . . must place in evidence such material as he wishes the court to consider in support of this plea." Id., at 217-18, 294 A.2d 1. In reaching that conclusion, the Court noted that "under our rules of criminal procedure the defense of double jeopardy must be raised by motion before trial. R. 3:10-2." Id., at 216-17, 294 A.2d 1.