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STATE v. LANDEROS

32 N.J. Super. 168 (1954)

108 A.2d 11

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALBERT HERMAN LANDEROS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 24, 1954.

Attorney(s) appearing for the Case

Mr. William E. Ozzard, Assistant Prosecutor of Somerset County, argued the cause for the respondent (Mr. Leon Gerofsky, County Prosecutor).

Mr. George Pellettieri argued the cause for the appellant (Mr. J. Mercer Burrell, attorney).

Before Judges CLAPP, JAYNE and FRANCIS.

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

Appellant Landeros was convicted by a jury under an indictment containing three counts. The first charged assault with intent to rape, the second, atrocious assault and battery, and the third, assault and battery. All of the counts stemmed from the same single occurrence involving the one complainant. Following a charge to the jury that under the proof they should decide whether "this defendant was guilty of...

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