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STATE v. SMITH

169 N.J. Super. 98 (1979)

404 A.2d 331

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ALBERT SMITH, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 1979.

Attorney(s) appearing for the Case

Ms. Andrea R. Grundfest, Assistant Prosecutor, Essex County, argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Leonard D. Ronco, Acting Essex County Prosecutor, of counsel; Ms. Rena Rothfeld, on the brief).

Before Judges FRITZ, BISCHOFF and MORGAN.

PER CURIAM.

The only issue implicated in this appeal concerns the question of whether a man may be convicted under N.J.S.A. 2A:138-1 for the rape of his wife. In a thoughtful and scholarly opinion, Judge Scalera below reluctantly held that he could not. 148 N.J.Super. 219 (Cty. Ct. 1977). Accordingly he dismissed the count of the indictment against Smith which charged...

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