State v. Landeros

The opinion of the court was delivered by

Wachbnteld, J.

This is an appeal of right, by reason of a dissenting opinion, from a judgment of the Appellate Division affirming the conviction of the defendant on a criminal indictment charging him with assault with intent to commit rape, atrocious assault and battery and assault and battery, all charges emanating from the same incident. 32 N. J. Super. 168 (App. Div. 1954).

The jury, in the court’s charge, was permitted to find and did find the defendant guilty on all counts of the indictment and he was accordingly sentenced on all three counts, the…