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STATE v. NUNN

113 N.J. Super. 161 (1971)

273 A.2d 366

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD P. NUNN AND JOHN NUNN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 1971.

Attorney(s) appearing for the Case

Mr. Alfred A. Faxon argued the cause for appellants (Mr. Cornelius P. Sullivan, assigned counsel).

Mr. Alfred M. Bitting, Assistant Prosecutor, argued the cause for respondent (Mr. Norman Shabel, Assistant Prosecutor, on the brief; Mr. Dominick J. Ferrelli, Burlington County Prosecutor, attorney).

Before Judges CONFORD, KOLOVSKY and CARTON.

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

The brothers Nunn appeal their convictions for carnal abuse of a 14-year-old girl. The State's proofs tended to show that the offenses occurred in defendants' automobile sometime after 2 A.M. on November 7, 1968 in a field behind the Nunn home.

The indictment charged defendants with having committed the offenses on or about the 7th day of November 1968. Defendants invoked no discovery proceedings to...

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