State v. Saunders

The opinion of the Court was delivered by

Pashman, J.

Defendant Charles Saunders was indicted along with Bernard Busby on charges of rape, assault with intent to rape and armed robbery. At trial both admitted to having had sexual intercourse with the two complainants, but insisted that the women had participated willingly in exchange for a promise that they would receive “reefers” (marijuana cigarettes) in return. The trial judge, on his own initiative, charged the jury that the defendants could be convicted of the “lesser included offense” of fornication (N. J. S. A. 2A:110 — 1) if they were…