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STATE v. GAMBUTTI

36 N.J. Super. 219 (1955)

115 A.2d 136

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PHILIP GAMBUTTI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1955.

Attorney(s) appearing for the Case

Mr. William C. Brudnick, Special Assistant Prosecutor, argued the cause for the respondent (Mr. Guy W. Calissi, Bergen County Prosecutor, attorney; Mr. William J. Arnold, of counsel).

Mr. Michael A. Dwyer argued the cause for the appellant (Messrs. Doughty & Dwyer, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

Defendant was convicted after jury trial on an indictment charging that he "unlawfully did force and induce (name), a child under the age of 16 years, to wit, of the age of 7 years, to do and submit to an act tending to debauch said child and impair the morals of the said child, to wit, by then and there forcibly compelling the said (name) to submit to the fondling of her private parts," contrary to N.J...

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