State v. Hibbs

Pee Cttbiam.

Defendant was convicted in the Ewing Township Municipal Court of violating the provisions of N. J. 8. A. 2A:170-29 (3) in that he had made obscene telephone calls to two women on various dates. He was again convicted by the County Court on a de novo trial on the record before the Municipal Court, and sentenced to a four months prison term in the Mercer County Workhouse.

It is undisputed that the obscene remarks were proscribed by the statute. The only issue was the identity of the caller. The women who heard the remarks could not identify the *110caller other than to opine that the…