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STATE v. DOYLE

77 N.J. Super. 328 (1962)

186 A.2d 499

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GEORGE DOYLE AND MONA DOYLE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 1962.

Attorney(s) appearing for the Case

Mr. Frank G. Schlosser argued the cause for appellants (Mr. Maurice M. Krivit, attorney).

Mr. William C. Brudnick, Assistant Prosecutor, argued the cause for respondent (Mr. Guy W. Calissi, Bergen County Prosecutor, attorney).

Before Judges GOLDMANN, FREUND and FOLEY.

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

Defendants appeal from a judgment of conviction of criminal abortion (N.J.S. 2A:87-1) entered on a jury verdict in the County Court. The indictment charged that on December 2, 1960 defendants "with intent to cause and procure the miscarriage" of Pauline Fealey unlawfully used "in and upon her divers instruments and means unknown."

The proofs offered by the State established that on the night of...

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