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STATE v. SAUNDERS

75 N.J. 200 (1977)

381 A.2d 333

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES SAUNDERS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 13, 1977.

Attorney(s) appearing for the Case

Mr. Alan Silber, Designated Counsel, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Silber, of counsel and on the brief).

Mr. Roy B. Greenman, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

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

Defendant Charles Saunders was indicted along with Bernard Busby on charges of rape, assault with intent to rape and armed robbery. At trial both admitted to having had sexual intercourse with the two complainants, but insisted that the women had participated willingly in exchange for a promise that they would receive "reefers" (marijuana cigarettes) in return. The trial judge, on his own initiative, charged the...

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