State v. MORETTI

The opinion of the court was delivered by

Proctor, J.

Defendants John J. Moretti, Marietta Schmidt, and Lawrence Cianettino were convicted in the Essex County Court of conspiracy to commit an unlawful abortion on Sylvia Swidler. N. J. S. 2A :98-l, 2; N. J. S. *1852A :87-1.1 Gianettino died shortly alter the trial. On the appeal of Moretti and Schmidt, the Appellate Division affirmed the conviction with one judge dissenting. 9 7 N. J. Super. 418 (App. Div. 1967). Moretti and Schmidt appealed to this Court under R. R. 1:2-1 (1).

On the evidence the jury could find that Mrs. Schmidt arranged with…