State v. Smith

84 N.J. Super. 452 (1964)

202 A.2d 461

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,

v.

CARL SMITH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Argued May 18, 1964.

Decided July 7, 1964.

Before Judges CONFORD, FREUND and SULLIVAN.

Mr. John J. Gibbons (assigned counsel) argued the cause for appellant.

Mr. C. William Caruso, Assistant Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney).

The opinion of the court was delivered by SULLIVAN, J.A.D.

This is an appeal from a conviction of rape.

Defendant was indicted on a charge…