STATE v. HILL


170 N.J. Super. 485 (1979)

406 A.2d 1334

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN HENRY HILL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1979.


Attorney(s) appearing for the Case

Mr. L. Gilbert Farr, Assistant Prosecutor, argued the cause for appellant (Mr. David Linett, Prosecutor of Somerset County, attorney; Ms. Maria DeFilippis, Assistant Prosecutor, on the brief).

Mr. Steven B. Lieberman argued the cause for respondent (Messrs. Bowers, Rinehart, Murphy & O'Brien, attorneys).

Ms. Mary Anne Pidgeon, Deputy Attorney General, argued the cause for amicus curiae State of New Jersey (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Susan W. Sciacca, Deputy Attorney General, of counsel and on the brief).

Before Judges SEIDMAN, MICHELS and DEVINE.


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

Leave having been granted, this interlocutory appeal was brought by the State to review the trial court's determination that N.J.S.A. 2A:138-2 is unconstitutional.

Defendant, then a resident at the New Jersey Neuropsychiatric Institute in Skillman, was charged under the fourth and fifth counts of a five-count indictment with carnal knowledge of...

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