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STATE v. LUTZ

57 N.J. 314 (1971)

272 A.2d 753

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD BERNARD LUTZ, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 25, 1971.

Attorney(s) appearing for the Case

Mr. Verling C. Enteman argued the cause for appellant.

Mr. Robert E. Frederick, Warren County Prosecutor, argued the cause for respondent.

PER CURIAM.

Defendant was convicted of (1) conspiracy to commit fornication and (2) fornication. The other young men involved in the affair pled guilty to fornication, whereupon the conspiracy charges were dismissed. Defendant was sentenced to four to five months' imprisonment on the fornication charge; sentence was suspended on the conspiracy count. We certified the matter before argument in the Appellate Division.

We do not believe the facts warrant a conviction...

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