STATE v. BROWN


143 N.J. Super. 571 (1976)

364 A.2d 27

STATE OF NEW JERSEY, PLAINTIFF, v. REGINALD BROWN, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided August 5, 1976.


Attorney(s) appearing for the Case

Mr. Michael A. Gast for defendant (Messrs. Lefkowitz & Gast, attorneys).

Mr. Arthur G. Lash, Assistant Prosecutor for the State (Mr. C. Judson Hamlin, Prosecutor of Middlesex County, attorney).


BACHMAN, J.S.C.

Pursuant to R. 2:5-1, this opinion is to serve as amplification of this court's ruling on the issue of consent of the victim to the alleged atrocious assault and battery (N.J.S.A. 2A:90-1).

Specifically, defendant contends that he is not guilty of the alleged atrocious assault and battery because he and Mrs. Brown, the victim, had an understanding to the effect that if she consumed any alcoholic beverages (and/or became intoxicated...

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