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STATE v. MERGOTT

140 N.J. Super. 126 (1976)

355 A.2d 674

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BRUCE MERGOTT AND CARL ECKHART, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 1976.

Attorney(s) appearing for the Case

Mr. Ralph J. Jabbour, Designated Counsel, argued the cause for appellants (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Michael A. Graham, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges CARTON, CRAHAY and HANDLER.

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

Defendants Bruce Mergott and Carl Eckhart were charged in an indictment for the rape of N.M., in violation of N.J.S.A. 2A:138-1, and with assaulting M.S. with intent to kill, in violation of N.J.S.A. 2A:90-2. After a long jury trial defendants were convicted of both charges. A codefendant was convicted of rape. Defendant Mergott brought a motion for a new trial which was denied. Thereafter, both...

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