SCALERA, J.S.C., Temporarily Assigned.
Albert Smith stands accused of raping his wife in violation of N.J.S.A. 2A:138-1, and of having committed an atrocious assault and battery upon her.
Defendant moves to dismiss the rape charge, asserting that "a husband cannot rape his wife as a matter of law." No court in New Jersey has had occasion to rule directly upon this issue in any reported decision.
The State charges that, on October 1, 1975, defendant...
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