STATE v. MONTALBO


33 N.J. Super. 462 (1954)

110 A.2d 572

STATE OF NEW JERSEY, PLAINTIFF, v. CONCEPCION MONTALBO, DEFENDANT.

Superior Court of New Jersey, Hudson County Court, Law Division (Criminal).

Decided December 17, 1954.


Attorney(s) appearing for the Case

Mr. Frederick T. Law, Hudson County Prosecutor (Mr. William A. O'Brien, Assistant County Prosecutor, appearing), attorney for the State.

Mr. Albert J. Shea, attorney for the defendant.


DUFFY, J.C.C.

The above-named defendant was tried before me on an indictment charging him with violation of N.J.S. 2A:96-4. The indictment, entitled "Contributing to delinquency of child," was returned by the Hudson County grand jury under date of May 3, 1954. At the close of the State's case, the defendant moved for judgment of acquittal on the grounds that (1) since the statute is silent as to the age of a child thus involved and it appearing that...

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