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STATE v. CUTRONE

8 N.J. Super. 106 (1950)

73 A.2d 354

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH CUTRONE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1950.

Attorney(s) appearing for the Case

Mr. Sidney Simandl argued the cause for appellant (Mr. Harold Simandl, attorney).

Mr. C. William Caruso argued the cause for the State (Mr. Duane E. Minard, Jr., Essex County Prosecutor).

Before Judges JACOBS, DONGES and BIGELOW.

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

The appellant, convicted of rape, argues that the verdict was against the weight of the evidence and that the learned trial court erred in refusing to instruct the jury as requested.

The alleged victim of the offense, Dolores Caldwell, testified as follows: She was employed at the store of L. Bamberger & Company in Newark. On December 26, 1947, between...

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