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STATE v. DIETZ

5 N.J. Super. 222 (1949)

68 A.2d 777

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RUSSELL M. DIETZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 1949.

Attorney(s) appearing for the Case

Mr. Stephen Toth, Jr., argued the cause for the plaintiff-respondent (Mr. Walter G. Winne, County Prosecutor, attorney).

Mr. George F. Losche, attorney for and of counsel with defendant-appellant, argued the cause (Mr. Benedict E. Lucchi, on the brief).

Before Judges McGEEHAN, COLIE and EASTWOOD.

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

Defendant appeals from a conviction of open lewdness by the Judicial Criminal District Court of Bergen County, sitting without a jury.

From the agreed statement of facts, it appears that defendant was accused of committing the act charged against him while seated in his automobile, parked on a public street in Allendale on or about September 21, 1948, in the presence of a seven year old girl. His defense...

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