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STATE v. SMITH

84 N.J. Super. 452 (1964)

202 A.2d 461

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CARL SMITH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1964.

Attorney(s) appearing for the Case

Mr. John J. Gibbons (assigned counsel) argued the cause for appellant.

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

Before Judges CONFORD, FREUND and SULLIVAN.

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

This is an appeal from a conviction of rape.

Defendant was indicted on a charge of rape and pleaded not guilty. After a three-day jury trial held on April 30, May 1 and May 4, 1959, he was found guilty of the charge. On May 20, 1959 he was sentenced to a term of 12 to 15 years in the New Jersey State Prison.

On August 5, 1959 defendant filed...

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