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STATE v. GARCIA

83 N.J. Super. 345 (1964)

199 A.2d 860

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ARCADIO GARCIA, A/K/A ARCADIO M. GARCIA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 1964.

Attorney(s) appearing for the Case

Mr. Albert L. Cohn argued the cause for appellant (Messrs. David & Albert L. Cohn, attorneys; Mr. Daniel Crystal, on the brief).

Mr. Archibald Kreiger, Assistant Prosecutor, argued the cause for respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

The Passaic County grand jury returned an indictment in two counts charging defendant with carnal abuse of L, a 14-year-old girl, in violation of N.J.S. 2A:138-1. The first count charged the offense was committed on October 5, 1961 and the second count charged an offense in November 1961. A jury trial resulted in a verdict of guilty on the first count and not guilty on the second. The County Court...

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