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STATE v. THOMPSON

162 N.J. Super. 302 (1978)

392 A.2d 678

STATE OF NEW JERSEY, PLAINTIFF, v. TYRONE THOMPSON, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided August 15, 1978.

Attorney(s) appearing for the Case

Mr. Salim J. Balady, Assistant Deputy Public Defender, argued the cause for defendant. (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Wayne J. Martorelli, Deputy Attorney General argued the cause for amicus curiae (Mr. John J. Degnan, Attorney General, attorney).

Mr. John R. Cosmi, Assistant Prosecutor, argued the cause for plaintiff (Mr. Burrell Ives Humphreys, Passaic County Prosecutor, attorney).

JOELSON, A.J.S.C.

This matter comes before the court on a motion to dismiss an indictment charging carnal abuse by a male defendant against an 11-year-old girl, in violation of N.J.S.A. 2A:138-1. The motion is based upon a contention that the statute is unconstitutional because it denies the defendant equal protection of the law. This contention is made under the argument that N.J.S.A. 2A:138-1 makes it an offense for a male of the age of 16 or over...

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