STATE v. RYAN


157 N.J. Super. 121 (1978)

384 A.2d 570

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HOWARD L. RYAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1978.


Attorney(s) appearing for the Case

Mr. Alfred O. Powell argued the cause for appellant.

Mr. Albert G. Fredericks, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, Mr. William F. Hyland, former Attorney General of New Jersey and Mr. Arnold Cohen, Deputy Attorney General, of counsel and on the brief).

Before Judges LYNCH, KOLE and PETRELLA.


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

Defendant appeals from his conviction by a jury of rape.

From the proofs at the trial, a jury fairly could have found the facts that follow beyond a reasonable doubt.

At or about midnight on May 7, 1975 defendant, without the consent of the prosecutrix (hereafter, "the victim" or "complaining witness"), to whom he was a stranger, entered her automobile and demanded that she give him a ride, threatening...

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