STATE v. SPIVEY


122 N.J. Super. 249 (1973)

300 A.2d 167

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK D. SPIVEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1973.


Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mrs. Martha K. Kwitny, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for respondent (Mr. Ralph J. Jabbour, Assistant Prosecutor, of counsel and on the brief).

Before Judges COLLESTER, LEONARD and HALPERN.


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

Defendant was found guilty by a jury of the rape and robbery of Sadaline Moster. He was sentenced to a prison term of 16-23 years on the conviction for rape and to a concurrent prison term of 6-9 years on the conviction for robbery.

The crimes occurred on November 26, 1969 and defendant was arrested on that date. The case first came on for trial on September 21, 1970 but resulted in a mistrial caused...

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