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STATE v. McPHERSON

135 N.J. Super. 203 (1975)

343 A.2d 99

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES McPHERSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1975.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney for appellant (Mr. Michael R. Klekman, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent (Mr. Solomon Rosengarten, Deputy Attorney General, of counsel and on the brief).

Before Judges COLLESTER, KOLOVSKY and HALPERN.

PER CURIAM.

Defendant appeals from a judgment of conviction, entered on a jury verdict, finding him guilty of rape, in violation of N.J.S.A. 2A:138-1. He seeks a reversal of his conviction contending the trial judge erred in (a) denying his motion for a judgment of acquittal at the end of the State's case and (b) in failing to charge fornication as a lesser included offense to rape. We find no merit in either contention and affirm.

The jury could find...

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