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STATE v. BRUCE

72 N.J. Super. 247 (1962)

178 A.2d 233

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH J. BRUCE, JR., DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD KIRK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1962.

Attorney(s) appearing for the Case

Mr. C. William Caruso, Assistant Prosecutor argued the cause for respondent (Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney; Mr. Caruso, of counsel and on the brief).

Mr. Joseph S. Slowinski argued the cause for appellant Bruce.

Mr. Robert Silver argued the cause for appellant Kirk.

Before Judges PRICE, SULLIVAN and LEONARD.

The opinion of the court was delivered by LEONARD, J.S.C. (temporarily assigned).

Defendants Richard Kirk and Joseph Bruce were jointly tried in the County Court and convicted of rape.

On the evening of September 25, 1958 complaining witnesses Carol Ann Kierspel (Carol) and Mary Ann Venezzio (Mary), defendants Kirk and Bruce, and one Jack Foley rode in Carol's automobile from Newark to Cliffside, there attended...

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