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STATE v. EDGE

111 N.J. Super. 182 (1970)

268 A.2d 35

STATE OF NEW JERSEY, RESPONDENT, v. LYNWOOD EDGE AND WALTER ROBBINS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 16, 1970.

Attorney(s) appearing for the Case

Mr. Daniel R. Coburn, Assistant Deputy Public Defender, argued the cause for appellant, Lynwood Edge (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. John J. Urato, designated counsel, argued the cause for appellant, Walter Robbins (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. William Mountford, Jr., Assistant Prosecutor, argued the cause for respondent (Mr. Vincent Panaro, Mercer County Prosecutor, attorney).

Before Judges SULLIVAN, CARTON and HALPERN.

HALPERN, J.A.D.

Defendants appeal final judgments of conviction for rape (N.J.S.A. 2A:138-1). They were each sentenced to indeterminate terms at Bordentown Reformatory with 15 year maximums.

The principal issue confronting us is whether the in-court and pretrial identification testimony of the 13 year old victim, which was not objected to, violated defendants' constitutional rights and should be recognized...

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