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STATE v. ROWE

140 N.J. Super. 5 (1976)

354 A.2d 701

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD J. ROWE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1976.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for the appellant (Mr. Lloyd N. Simon, Assistant Deputy Public Defender, of counsel).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for the respondent (Ms. Susan G. Rivkind, Deputy Attorney General, of counsel).

Before Judges FRITZ, SEIDMAN and MILMED.

PER CURIAM.

Defendant was charged in a four-count indictment with: (first count) atrocious assault and battery (N.J.S.A. 2A:90-1); (second count) sodomy (N.J.S.A. 2A:143-1); (third count) rape (N.J.S.A. 2A:138-1), and (fourth count) kidnapping (N.J.S.A. 2A:118-1). A jury found him guilty on all four counts. His motion for a new trial was denied.

Having been previously convicted on three separate occasions for high misdemeanors,...

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