State v. Di Giosia

The opinion of the court was delivered by

Heher, J.

The appeal is from a judgment of the Appellate Division of the Superior Court affirming a judgment of conviction rendered against appellant April 28, 1949, in the Middlesex County Court on an indictment charging carnal abuse of a woman child 14 years of age on March 29, 1948, contrary to B. S.. 2:163—1.

The defense of autrefois acquit was introduced under a plea of not guilty, following the denial of a pretrial motion to dismiss the indictment on that ground (Buie 2:5-2 et seq.); and the single point now made is that the accused was subjected…