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STATE v. HIBBS

123 N.J. Super. 108 (1972)

301 A.2d 767

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM HIBBS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 1972.

Attorney(s) appearing for the Case

Mr. Charles P. Allen argued the cause for appellant (Messrs. Dietrich and Mancino, attorneys).

Mr. Gerald A. Hughes, Assistant Prosecutor, argued the cause for respondent (Mr. Bruce M. Schragger, Mercer County Prosecutor, attorney).

Before Judges LEWIS, KOLOVSKY and HALPERN.

PER CURIAM.

Defendant was convicted in the Ewing Township Municipal Court of violating the provisions of N.J.S.A. 2A:170-29(3) in that he had made obscene telephone calls to two women on various dates. He was again convicted by the County Court on a de novo trial on the record before the Municipal Court, and sentenced to a four months prison term in the Mercer County Workhouse.

It is undisputed that the obscene remarks were proscribed by the...

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