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STATE v. SMITH

85 N.J. 193 (1981)

426 A.2d 38

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

The Supreme Court of New Jersey.

Decided February 10, 1981.

Attorney(s) appearing for the Case

Margaret Ann F. Mullins, Assistant Essex County Prosecutor, argued the cause for appellant (John J. Degnan, Attorney General of New Jersey, attorney; Donald S. Coburn, Essex County Prosecutor, of counsel; Andrea R. Grundfest, Assistant Essex County Prosecutor, on the brief).

William Welaj, Designated Counsel, argued the cause for respondent (Stanley C. Van Ness, Public Defender, attorney).

Regina C. Little and Phyllis Gelman submitted a brief on behalf of amicus curiae National Center on Women and Family Law, Inc.

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

Since the enactment in New Jersey of the new Code of Criminal Justice, N.J.S.A. 2C:1-1 to 98-4, L. 1978, c. 95, no person can claim that a sexual assault committed after the effective date of the Code, September 1, 1979, is exempt from prosecution because the accused and victim were husband and wife. The Criminal Code expressly excludes marriage to the victim as a defense against prosecution...

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