STATE v. TOOHEY


6 N.J. Super. 97 (1950)

70 A.2d 180

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN R. TOOHEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 4, 1950.


Attorney(s) appearing for the Case

Mr. Robert J. McCurrie argued the cause for defendant-appellant (Mr. James J. Farley, attorney).

Mr. C. William Caruso argued the cause for plaintiff-respondent (Mr. Duane E. Minard, Jr., Essex County Prosecutor).

Before Judges JACOBS, DONGES and BIGELOW.


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

The appellant was indicted and convicted of an act of lewdness committed in private, contrary to the provisions of R.S. 2:140-1.

The alleged actions on which the State relied were done in a sedan standing on a public street in Irvington. From this, the defendant contends that he could not have been guilty of private lewdness, but only of public. Assuming that the indictment should have characterized...

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