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STATE v. EDGE

57 N.J. 580 (1971)

274 A.2d 42

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT v. LYNWOOD EDGE AND WALTER ROBBINS, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 22, 1971.

Attorney(s) appearing for the Case

Mr. Wilbur H. Mathesius, First Assistant Prosecutor, argued the cause for appellant (Mr. Bruce M. Schragger, Mercer County Prosecutor, attorney).

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

Mr. John Urato, Designated Attorney, argued the cause for respondent Walter Robbins (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the Court was delivered by JACOBS, J.

The defendants were convicted of rape and appealed to the Appellate Division. That court, by a vote of two to one, reversed their convictions. State v. Edge, 111 N.J.Super. 182 (1970). The State appeals to this Court as of right. R. 2:2-1(a)(2).

On December 5, 1967 at about 6:30 P.M. the victim, then thirteen years of age, was walking in Hamilton Township...

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