STATE v. LAIR


62 N.J. 388 (1973)

301 A.2d 748

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. THOMAS A. LAIR, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 19, 1973.


Attorney(s) appearing for the Case

Mr. David P. Jacobs, Assistant Deputy Public Defender, argued the cause for defendant-appellant and cross-respondent (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Jacobs, of counsel, and on the brief).

Mr. Sheldon M. Simon, Special Assistant Prosecutor, argued the cause for plaintiff-respondent and cross-appellant (Mr. Charles M. Egan, Jr., Morris County Prosecutor, attorney; Mr. Simon, of counsel, and on the brief).

Mr. John De Cicco, Deputy Attorney General, argued the cause as Amicus Curiae (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. De Cicco, of counsel and on the brief.


The opinion of the Court was delivered by MOUNTAIN, J.

Defendant was indicted for having allegedly committed the crime of rape, N.J.S.A. 2A:138-1, as well as the crime of sodomy, N.J.S.A. 2A:143-1. He was tried to a jury and convicted of both offenses. Upon appeal the Appellate Division affirmed the sodomy conviction but reversed the conviction for rape, remanding that issue for a new trial. We granted both defendant's petition and the State's cross...

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