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STATE v. NEWTON

17 N.J. 271 (1955)

111 A.2d 272

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JACK NEWTON, PETITIONER-APPELLANT.

The Supreme Court of New Jersey.

Decided January 24, 1955.

Attorney(s) appearing for the Case

Mr. Francis M. Seaman argued the cause for appellant.

Mr. Eugene T. Urbaniak argued the cause for respondent (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney).

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

Under the 1950 Act for the Treatment of Sex Offenders, N.J.S. 2A:164-3 et seq., L. 1950, c. 207, p. 454, a judge may not impose a prison sentence upon a person convicted of rape, carnal abuse, sodomy, open lewdness, indecent exposure or impairing the morals of a minor, or of an attempt to commit any such offense, if the Diagnostic Center reports, from an examination...

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